1. Employee vs. Employer Contributions
The employee’s contributions to the Muscatell Savings and Retirement 401(k) Plan are typically 100% vested immediately, but employer contributions may be subject to a vesting schedule based on years of service. During divorce, only the vested portion of employer contributions can be divided by QDRO.
Unvested amounts usually revert to the plan or the participant and are not divisible. Confirm a participant’s vested balance through a current benefit statement before drafting the QDRO.

