Employee and Employer Contributions
First, understand what you’re dividing. 401(k) accounts typically include:
- Employee salary deferrals (always fully vested)
- Employer matching or profit-sharing contributions (may be subject to vesting)
If your spouse has been working at Border grill las vegas, LLC for several years, they may have both types of funds in the Mundo Hospitality 401(k) Plan. But keep this in mind—employer contributions may not be fully vested. If some of those funds are not yet vested, they may be forfeited when the employment ends, meaning they’re not available to be divided under a QDRO.

