Employee and Employer Contribution Divisions
The Fairlawn Real Estate 401(k) Plan likely includes both employee contributions (from the participant’s wages) and employer matching contributions. While employee contributions are immediately vested, employer contributions may be subject to a vesting schedule. In divorce, this means:
- Vested employer contributions are subject to division.
- Unvested employer contributions may be excluded from the QDRO, or included on a conditional basis (we can help draft language that protects the alternate payee if those funds vest later).

