Employee and Employer Contributions
Employee contributions are always considered part of the participant spouse’s marital estate, but employer contributions may be subject to vesting rules. This means the alternate payee may only be entitled to a portion of the employer match that’s been vested as of the division date.
For the Silver Lake Construction Compa 401(k) Profit Sharing Plan and Tru, it’s important to confirm the vesting schedule. If the participant is only partially vested, the amount subject to division may be less than expected. A well-drafted QDRO can include language that specifically addresses limitations based on vesting.

