1. Dealing with Employee and Employer Contributions
Most 401(k) plans, including the Sphere Technology Solutions 401(k), include contributions made directly by the employee and matching or discretionary contributions from the employer. While the employee’s contributions are always 100% vested, the employer’s contributions might not be.
In a QDRO, it’s critical to specify how unvested employer contributions should be treated. You can:
- Divide only the vested balance as of the date of division
- Include unvested portions that may vest later if the employee continues employment (less common)
This decision can significantly impact the alternate payee’s share and should be made with full clarity about vesting schedules. Plans like this under a Business Entity in the General Business industry often use vesting schedules tied to years of service, such as 20% vested per year over five years.

