1. Employee and Employer Contributions
One of the most misunderstood issues in dividing a 401(k) plan is the treatment of employer contributions—especially those that are not yet vested. In the Remembers 401(k) Plan, it’s very likely that employer contributions are subject to a vesting schedule. That means your share might look different depending on how long your spouse worked for 5435 corporate drive suite 300 and whether the account includes unvested contributions.
Only the vested portion of the account is usually eligible for division via QDRO. If you’re the alternate payee (the spouse receiving a share), you’ll want to make sure your attorney requests a breakdown of vested versus unvested funds before finalizing the QDRO.

