1. Employee vs. Employer Contributions
One critical factor when dividing a 401(k) like the Mosaic 401(k) Plan is whether all assets were fully vested at the time of divorce. Employee contributions are always 100% vested. However, employer-funded amounts may be subject to a vesting schedule tied to years of service. That means a former spouse may be entitled to less than 50% of the account if some of the employer contributions are still unvested.
We’ll make sure your QDRO reflects only the vested portion of the participant’s account unless the parties specifically agree otherwise.

