1. Employee and Employer Contributions
The Diamond Creek Holdings, LLC 401(k) Plan may include both employee and employer contributions. While employee contributions are fully vested immediately, employer contributions often follow a vesting schedule. If the participant spouse hasn’t been with the company long enough, some of these funds may not yet be vested—and therefore not subject to division.
When preparing the QDRO, it’s important to:
- Request a breakdown of vested vs. unvested funds as of the date of divorce or another specified division date
- Exclude non-vested amounts unless the QDRO specifies how future vesting is to be handled

