Employee and Employer Contributions
Both the participant’s own contributions and the employer’s matching or discretionary contributions should be considered. However, many plans—including those in the general business sector—require employer contributions to vest over time.
If you’re dealing with employer contributions to the Holy Ship LLC 401(k) Plan, be aware of the vesting schedule. Only the vested portion is typically eligible for division in a QDRO. Contributions that are not vested as of the division date usually stay with the participant, unless otherwise negotiated in the divorce settlement.

