1. Employer vs. Employee Contributions
Employee contributions are always considered marital property if made during the marriage. However, employer matching contributions may be subject to vesting. If the participant isn’t 100% vested at the time of divorce, the non-participant spouse may receive less than expected from the Sky Systems 401(k) Plan.
Make sure your QDRO specifies whether the award covers just the vested portion or includes future vesting. We often draft QDROs with language that lets the alternate payee receive a proportion of contributions as they vest.

