1. Employee vs. Employer Contributions
The Sure 401(k) Plan likely includes elective deferrals contributed by the employee and may include matching or profit-sharing contributions from Sure, Inc. This matters because:
- All employee contributions are always considered 100% vested and divisible through a QDRO.
- Employer contributions are subject to a vesting schedule. Only vested amounts can be divided with a former spouse. Any unvested funds as of the cutoff date (commonly the date of separation or divorce filing) are not distributable.
Your QDRO should clearly state that only vested balances as of a specific date apply. If vesting increases after divorce, you don’t want unintended future sharing unless that’s specifically addressed.

