Employee and Employer Contributions
401(k) plans include both employee salary deferrals and often an employer match. However, those employer contributions may not be fully vested at the time of divorce. Many employers use a vesting schedule—typically graded or cliff-based.
When preparing a QDRO for the Missionstaff, LLC 401(k) Plan, it’s critical to:
- Find out whether any part of the balance is unvested
- Clarify whether only vested amounts will be divided
- Include language that reflects how unvested funds should be handled (e.g., excluded or later distributed when vested)

