Employee vs. Employer Contributions
In a divorce, it’s not just the money you contributed to your 401(k) that matters—the employer match or profit-sharing portion is also subject to division, depending on when it was earned. However, the Soji Services Inc.. 401(k) P/s Plan may have a vesting schedule for employer contributions, meaning not all of it may be counted as marital property if it’s unvested at the time of divorce. Your QDRO must address how unvested funds are handled and whether the alternate payee (the ex-spouse receiving benefits) will receive future distributions if those amounts vest later.

