Vesting of Employer Contributions
With the Superior Commercial Concrete, LLC 401(k) Profit Sharing Plan being a profit-sharing 401(k), employer contributions are typically subject to a vesting schedule. This means a portion of the employer match may not yet belong to the employee at the time of the divorce. When drafting the QDRO, only vested amounts should be divided unless the employee later becomes fully vested. We often recommend language that allows for post-divorce vesting, but only if both spouses agree during the division process.

