Employee and Employer Contributions
401(k) accounts like those in the Million Logistics LLC 401(k) Plan often include:
- Employee contributions: These are usually fully vested and can be divided based on marital coverture or a flat dollar amount.
- Employer contributions: These are often subject to a vesting schedule. Only the vested portion as of the date of divorce or QDRO may be divided.
The QDRO should clearly state whether unvested employer contributions are excluded and how to handle future vesting (if applicable). This is especially important if the participant is still working and continues to accrue benefits.

