1. Employee and Employer Contribution Division
401(k) plans often include both employee deferrals and employer contributions. Employee portions are always considered marital property (at least the part earned during the marriage), while employer contributions may be subject to vesting schedules. Any unvested funds may not be divisible at the time of divorce.
For example: Let’s say your spouse worked at Zonos for three years, and the employer matches contributions over a six-year vesting period. Only 50% of employer contributions may be vested and available for division. The QDRO must be worded to account for which portions are divisible and which are not.

