1. Vesting Schedules and Employer Contributions
Employer profit-sharing contributions to a 401(k) plan like the Town Motors / Town Motor Car Corp.. 401(k) Profit Sharing Plan often vest according to a schedule. This means that only a portion of these funds may legally be divided in divorce depending on how long the employee has worked at the company.
- If the employee is not fully vested, part of the employer’s contributions may be forfeited.
- The QDRO must clearly define how to handle partially vested accounts and clarify that only the vested portion is to be divided.

