Employee Contributions vs. Employer Contributions
In most 401(k) plans, contributions come from both the employee and the employer. Under the Big Gee Enterprises 401(k) Plan, employee contributions are usually considered marital property to the extent accumulated during the marriage. Employer contributions, on the other hand, may be subject to a vesting schedule. This means the account owner may not “own” all employer contributions yet, depending on their years of service.
A proper QDRO should specify whether the alternate payee is entitled only to vested amounts or whether they should benefit from future vesting periods. If a QDRO attempts to divide non-vested amounts, the plan may reject it or defer allocation until vesting occurs.

