Employee vs. Employer Contributions
A big issue in dividing the Parker Hospitality 401(k) Plan is how to treat employer contributions. While employee contributions are 100% yours from day one, employer contributions may be subject to a vesting schedule. Only vested employer contributions are eligible for division under a QDRO.
If the employee-spouse isn’t fully vested, the non-employee spouse might receive less than anticipated. It’s important to determine what portion of the account is actually vested as of the date of division before drafting a QDRO.

