Employee vs. Employer Contributions
All employee contributions to the Pita Inn, Inc.. 401(k) Plan are fully vested immediately—meaning they’re eligible for division. However, employer contributions are often subject to a vesting schedule. This means any unvested portion may be forfeited if the employee hasn’t met the service requirement by the date of divorce or QDRO approval.
When drafting your QDRO, it’s important to specify how to handle:
- 100% of vested balances as of the date of divorce
- Whether gains and losses apply post-division date
- Exclusion or inclusion of unvested employer portions

