Employee and Employer Contributions
The Procida Construction Corp.. 401(k) Savings Plan likely includes both employee and employer contributions. From a QDRO standpoint, it’s crucial to separate the marital portion—the portion accumulated during the marriage—from any pre-marital or post-separation accruals.
Employer contributions, however, can come with vesting schedules. This means some of the funds in the account may not belong to the employee-spouse until they’ve been with the company for a certain number of years. The QDRO must clarify whether unvested amounts are excluded or subject to future division.

