Employee Contributions vs. Employer Contributions
Employee contributions are always 100% vested under federal law, which means those amounts are always eligible to be shared during a divorce. But employer contributions may be subject to a vesting schedule. If the participant ends employment before they’re fully vested, any unvested amounts may be forfeited, and thus not divisible in the QDRO.
When drafting a QDRO for the Spyder Auto Group 401(k) Plan, we obtain and review the vesting schedule and current vesting status to avoid allocating benefits that won’t exist later.

