Employee and Employer Contributions
Employee contributions to a 401(k) are always fully vested and subject to division. However, employer contributions often vest based on a schedule. If the plan participant (the employee spouse) has not worked long enough at Fila-mar energy services, LLC to fully vest in these employer contributions, then part of their account may not yet belong to them—and thus might not be divisible.
It’s important to find out:
- How much of the account balance is from employee vs. employer contributions
- Whether employer contributions are fully vested
- What the vesting schedule is, and what’s been forfeited or will be forfeited
These determine how much the non-employee spouse can legally receive through the QDRO.

