1. Employee vs. Employer Contributions
Employee contributions belong fully to the employee and are usually 100% vested. However, employer contributions—like matching funds—may be subject to a vesting schedule. That means some of these employer-funded amounts may not belong to the employee at the time of divorce and can’t be awarded to the alternate payee.
When dividing a plan like the Steve Ruhnke Construction 401(k) Plan, it’s essential to specify in the QDRO whether the division is of just the vested portion or the total account, including unvested amounts. This can impact how much the alternate payee receives and when.

