1. Employee and Employer Contributions
Most 401(k) plans, like the Port Aggregates Group of Companies 401(k) Plan, are funded through both employee contributions and employer matching. Employee contributions are always 100% vested immediately—but employer contributions often are not. Many plans require you to work a certain number of years before retaining the employer’s match fully.
If you’re divorcing and your spouse has unvested employer contributions, those may not be divisible in the QDRO—unless the participant meets the vesting requirements later and the QDRO is written to allow retroactive allocation. It’s important to review the plan’s vesting schedule to understand what’s actually available for division.

