1. Employee vs. Employer Contributions
Employee contributions (what the participant put in) are always 100% vested. However, employer contributions—such as matching funds—can be subject to a vesting schedule. That means some of those funds may not be available to divide, depending on how long your spouse worked at Monteris medical corporation 401(k) plan before the divorce.
When drafting the QDRO, we assess the total plan value as of the “date of division” (usually the date of separation or date of divorce decree) and verify what was vested at that time. Unvested employer contributions typically stay with the employee spouse.

