Employee vs. Employer Contributions
401(k) accounts usually consist of:
- Employee Contributions: These are fully vested and immediately divisible in divorce.
- Employer Contributions: These may be subject to a vesting schedule. Any unvested portion at the time of divorce may never become payable to the alternate payee, depending on continued employment status of the participant.
If your spouse had employer contributions under the Cafes, Inc.. 401(k) Profit Sharing Plan, those contributions may be partially or fully forfeited depending on their vesting status at the time of separation or divorce. Your QDRO must either limit the division to vested amounts or include language addressing what happens if additional amounts vest later. A poorly drafted QDRO can result in you receiving less than you expected.

