Employee and Employer Contributions
The Selkirk Sport 401(k) Plan likely includes both employee salary deferrals and employer matching or discretionary contributions. While employee contributions are always 100% vested, employer contributions often follow a vesting schedule. That means some of the money in the account may not belong to the employee yet—and can’t be shared in the divorce.
In your QDRO, make sure to:
- Identify whether the division includes both vested and unvested employer contributions
- Clarify the treatment of future vesting (if any) tied to continued service after the divorce
- Include language about how forfeitures or unvested amounts are handled post-division

