Employee and Employer Contributions
In 401(k) plans like the Ace Imagewear Tx 401(k) Plan, both the employee and employer may contribute. The employee’s portion is always 100% vested, but employer contributions often depend on a vesting schedule. This means you can only divide the vested part unless both parties agree otherwise.
If the QDRO doesn’t address unvested funds or future contributions, it could lead to disputes—especially if additional money vests after the divorce. Be sure to specify:
- Whether to split the total vested account balance as of a specific date
- If future contributions or gains/losses should be included

