Employee vs. Employer Contributions
Every 401(k) is made up of different contribution sources:
- Employee deferrals: Typically 100% vested. These funds are considered marital assets if contributed during the marriage.
- Employer contributions: Often subject to a vesting schedule. If your ex-spouse isn’t fully vested, the unvested amounts might not be includable in the QDRO award.
It’s important to clarify in the QDRO whether only vested balances should be divided or if the alternate payee is to receive a fixed percentage of the total account as of a certain date (with or without regard to vesting). These details matter, especially in the Armstrong 401(k) Plan, where plan-specific vesting rules could reduce your award if not addressed.

