1. Employee Contributions vs. Employer Contributions
Most participants in a 401(k) plan like the Greenwaste Recovery, LLC Retirement Plan make their own pre-tax (and sometimes post-tax) contributions. On top of that, the employer often matches contributions based on company policy. This employer match is a joint marital asset—but only the vested portion is available for division.
In a QDRO, we can specify whether the alternate payee (usually the non-employee spouse) should receive a share of just the vested balance or allow post-divorce gains from unvested portions if they later become vested. These details must be customized in the order.

