1. Employer Contributions and Vesting Schedules
Most 401(k) plans include both employee deferrals and employer contributions. While the employee’s contributions are always fully vested, employer contributions often follow a vesting schedule. This means some of the employer contributions may not be fully owned by the participant at the time of divorce.
If your or your spouse’s account in the Garces, Grabler & Lebrocq, Pc 401(k) Plan includes unvested employer contributions, the QDRO cannot assign them to the non-employee spouse, also called the “alternate payee.” It’s critical to request a recent plan statement and vesting report to determine what’s actually divisible.

