Employee and Employer Contributions
The Mountain Temp Services LLC 401(k) Plan and Trust may include both employee deferrals and matching or non-matching employer contributions. In many divorces, the community or marital share includes both types. However, employer contributions are often subject to a vesting schedule, which must be considered when estimating what’s available for division.
Your QDRO must clearly state whether it divides just the vested portion or contemplates future vesting. Some spouses agree to divide the full account earned through the date of divorce and allow the alternate payee to wait out the vesting, while others only divide what’s already vested.

