1. Employer vs. Employee Contributions
Most 401(k) plans include both employee contributions (which are immediately vested) and employer matching or profit-sharing contributions (which may be subject to vesting schedules). In divorce, only the vested portion of employer contributions can typically be awarded to the non-employee spouse.
If the employee spouse has been with Leapley Construction for a short time, a large portion of the employer contributions might still be unvested — meaning they could eventually be forfeited. This needs to be accounted for in the QDRO.

