1. Employee vs. Employer Contributions
The Perfect Game, Inc.. 401(k) Plan likely includes both salary deferrals from the employee and contributions from the employer. Only vested employer contributions can be divided in a QDRO. It’s important to review the latest plan statement or Summary Plan Description (SPD) to determine:
- Which employer contributions have vested
- The vesting schedule and cutoff date (usually date of separation or court order)
Any unvested amounts at the time of divorce typically remain with the employee spouse unless the plan’s rules or the court order state otherwise.

