1. Employee and Employer Contributions
In the Horst Realty Company, LLC 401(k) Plan, employee deferrals are always 100% vested—meaning any money the employee put in can be divided regardless of time on the job. However, employer contributions (such as matching or profit-sharing) may be subject to a vesting schedule. This is where timing matters.
- If the participant is not fully vested, the plan may automatically exclude unvested funds from division.
- QDROs must be careful not to award “non-existent” unvested funds. Otherwise, it will be rejected.
We recommend using language that clearly separates vested from unvested benefits to avoid over-promising or setting unrealistic expectations.

