Employee vs. Employer Contributions
In the Presidential Transportation LLC 401(k) Plan, contributions may come from both the employee and the employer. While employee contributions are always part of the marital estate (assuming they occurred during the marriage), employer contributions may be subject to a vesting schedule. You need to determine which amounts were vested as of the date of separation or division.
Unvested employer contributions usually aren’t divisible. If you try to include them in your QDRO, the plan administrator may reject it—or worse, enforce only the vested portion, leaving you with less than expected.

