Employee vs. Employer Contributions
The Skybridge Delivery LLC 401(k) Plan likely includes both employee deferrals and employer contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. This means that any unvested employer contributions may be forfeited if the employee leaves the company before meeting certain length-of-service requirements.
When drafting a QDRO, it’s critical to identify exactly what portion of the account is divisible. The alternate payee (typically the ex-spouse) is usually only entitled to what was earned during the marriage—and only to the vested portion of employer contributions.

