Employee vs. Employer Contributions
The Fort Greene Council Inc. 401(k) Profit Sharing Plan & Trust may include both employee deferrals and employer contributions. These should be addressed separately in your QDRO. Employee contributions are always fully vested—meaning the participant owns them. Employer contributions, however, may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, some of those funds may not be divisible.
Make sure your QDRO states whether only vested balances are to be divided, or if the alternate payee is entitled to a share of future vested employer contributions earned during the marriage.

