Employee and Employer Contributions
401(k) plans like the Micro Tech Staffing Group and Affiliates 401(k) Retirement Plan often include both employee and employer contributions. Employee contributions are usually 100% vested immediately, meaning they belong fully to the participant. Employer contributions, however, may be subject to a vesting schedule. If your spouse hasn’t met the years of service required for full vesting, only a portion of the employer contributions may be available for division.
When drafting the QDRO, it’s crucial to specify whether the alternate payee (you) will receive a portion of both the employee and employer contributions—and how to handle unvested amounts. Many plans will continue to vest funds after the divorce based on the participant’s service, so this should be discussed with your attorney.

