1. Employee vs. Employer Contributions
Employee contributions to a 401(k) plan are always 100% vested, meaning they cannot be forfeited. However, employer contributions—such as matches—often follow a vesting schedule. This schedule typically depends on how long the participant has worked for Sgs technologie LLC. If the participant hasn’t met the required service time, some or all employer contributions might not be part of the divisible marital pot.
When drafting a QDRO, we take the vesting schedule into account to ensure only the properly vested portion of the account is divided. Any unvested contributions are excluded, so the alternate payee doesn’t wind up expecting more than they’re entitled to receive.

