Employee vs. Employer Contributions
Many people assume everything in a 401(k) account is fair game, but that’s not always true. In the Sigma Science, Inc.. 401(k) Plan, the employee’s contributions may be 100% vested, but employer contributions could be subject to a vesting schedule based on years of service. Only vested funds are divisible under a QDRO.
If your spouse was not fully vested at the time of the divorce or QDRO execution, any non-vested portion might revert back to the sponsor, Sigma science, Inc.. 401(k) plan. You’ll need to be clear on the vesting status in your documentation to avoid disputes or confusion.

