Employee and Employer Contributions
Employee contributions are generally 100% vested immediately, meaning the participant owns them completely from day one. But employer contributions—especially matching contributions—often follow a vesting schedule. This means that the non-employee spouse (commonly referred to as the “alternate payee”) may not receive a share of unvested employer contributions, unless otherwise agreed to during settlement negotiations.
When preparing a QDRO for the Mechanical System Contractors, Inc.. 401(k) Plan, make sure the order specifically addresses whether employer contributions are included, and clarify which portion is marital. If vesting schedules apply, the QDRO should state how to treat unvested portions not yet earned as of the separation or division date.

