Employee and Employer Contributions
401(k) plans include both the employee’s contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). If the plan participant hasn’t worked at Warning lites of minnesota, Inc. long enough, some of the employer’s match might not be vested—and therefore not subject to division. The QDRO should clearly say whether it applies only to vested amounts or includes an award of future vesting if applicable under state law.

