Employee and Employer Contributions
Most 401(k) plans include contributions made by both the employee and the employer. In divorce, employee contributions are usually 100% marital property if made during the marriage. But employer contributions aren’t always simple—they may be tied to a vesting schedule.
If your spouse is not fully vested in the employer contributions in the Sunrich Products 401(k) Plan, you might be entitled only to the vested portion as of your date of division. Any unvested funds may be forfeited if your spouse leaves the company. A well-drafted QDRO can account for this uncertainty by including reversion and forfeiture provisions.

