Employee vs. Employer Contributions
If your spouse participated in the Rust Enterprises, Inc.. 401(k) Retirement Plan during your marriage, all contributions made during that time—regardless of who technically made them—may be considered marital property. A critical distinction in QDRO drafting is identifying employer contributions that are subject to vesting rules. These unvested amounts may eventually be forfeited, so you cannot bank on receiving them unless they become fully vested before the divorce or QDRO submission.

