Employee vs. Employer Contributions
The Sivananthan Laboratories Inc. 401(k) Plan likely includes both employee salary deferral contributions and employer match or profit-sharing. Often, employer contributions are subject to a vesting schedule. This means your ex-spouse may not be entitled to the full balance if a portion hasn’t vested yet.
When drafting the QDRO, be sure to account for:
- The timing of contributions during the marriage
- What portions of the employer match are vested vs. unvested
- The plan’s policy on dividing unvested portions—some plans allow future payouts if vesting occurs post-divorce, others don’t

