1. Employee and Employer Contributions
The Masons Supply Company 401(k) Plan is likely made up of two portions: employee deferrals and employer contributions. Under divorce laws, both portions may be subject to division, but employer contributions are usually governed by a vesting schedule. This means:
- The employee owns 100% of their contributions, but may not be fully entitled to all employer matches until they meet certain length-of-service requirements.
- Only the vested amount of employer contributions can be divided via QDRO.
A good QDRO should clarify this and specify whether only vested balances are to be awarded to the alternate payee, or if it includes future vesting (if allowed).

