Dividing Employee and Employer Contributions
With 401(k) plans, employee deferrals and employer matches are treated differently in divorce:
- Employee contributions are generally 100% vested and subject to division.
- Employer matching or profit-sharing contributions may be subject to a vesting schedule, meaning a portion could be forfeited if the employee hasn’t worked at Mobiquity, Inc.. for long enough.
In your QDRO, it’s critical to clarify whether you’re dividing only vested funds as of a certain date, or also potentially dividing unvested contributions if they become vested later.

