1. Employee vs. Employer Contributions
Participants often confuse their total 401(k) balance as being entirely “theirs.” However, a portion of the account may consist of employer contributions—sometimes conditional on a vesting period. For example:
- Employee Contributions: Always 100% vested and divisible in a QDRO.
- Employer Contributions: May be partially or fully unvested at the time of divorce depending on how long the employee has been with Squan construction services, LLC.
If there’s an unvested balance, it cannot be awarded to a former spouse until it becomes vested. A well-drafted QDRO can account for that and allow for future distributions should vesting occur after the divorce.

