Employee Contributions and Employer Matches
Employee deferrals into a 401(k) are always 100% vested. However, employer matching or profit-sharing contributions may be subject to a vesting schedule. If your spouse hasn’t worked at Extu, Inc.. 401(k) plan long enough, part of the employer contribution may not be divisible.
It’s important to request a vesting schedule from the plan administrator before drafting the QDRO. We often suggest including language that awards the alternate payee only the vested portion as of the date of division—this protects against future disputes about unvested amounts.

