Employee and Employer Contributions
For this general business corporation, contributions likely come from both the employee and Scale media Inc. 401(k) plan as the sponsor. These two sources need to be treated differently in the QDRO:
- Employee contributions (pre-tax and possibly Roth) are always 100% vested and included in the division.
- Employer-matching contributions may be subject to a vesting schedule, which should be clarified in the QDRO language.
If the employee spouse is not fully vested, only the vested portion will be available for division. The QDRO should specify how to handle employer contributions that become vested after divorce.

