1. Employee and Employer Contributions
In dividing the Rampart Multifamily 401(k) Plan, confirm whether the division applies to all contributions, or only employee contributions.
- Employee Contributions: Typically 100% vested immediately and subject to division.
- Employer Matching Contributions: May be subject to a vesting schedule. If unvested at the date of divorce, those amounts may never become available to divide.
The QDRO should clearly state whether it references only vested funds as of the date of divorce or is conditional on future vesting if applicable.

