1. Employee and Employer Contributions
The Ps 37 Management Inc.. 401(k) Plan likely includes both employee salary deferrals and employer matching or non-elective contributions. In divorce, both types can be divided through a QDRO—but not all contributions may be fully vested.
Here’s what to keep in mind:
- Employee contributions are always 100% vested and available for division.
- Employer contributions may be subject to a vesting schedule. Unvested amounts are not payable to the alternate payee.
- Your QDRO should specify whether it covers only vested amounts as of the divorce date or includes future vesting (if allowed).
Always request a participant statement showing vested and unvested balances before drafting your order.

