1. Contributions: Employee vs. Employer
One of the first questions we evaluate is where contributions to the Shipley Energy 401(k) Retirement Plan came from. Typically, employee elective deferrals are always 100% vested. However, employer contributions—matching or profit-sharing—might be subject to complicated vesting schedules.
If you’re the alternate payee, it’s important to note that unvested employer contributions may not be available to you. And if you’re the plan participant, your soon-to-be-ex won’t be able to touch what hasn’t vested.
Your QDRO should clearly spell out what’s being divided and from what source: employee deferrals, employer matches, or both.

