Employee vs. Employer Contributions
401(k) plans usually consist of employee salary deferrals and employer matching or profit-sharing contributions. In divorces, QDROs must specify whether only the employee contributions will be divided, or both employee and employer amounts.
If the Service Transportation Inc.. 401(k) Plan includes employer contributions, they are often subject to a vesting schedule. This means part of the balance may not be fully owned yet by the employee. Unvested amounts can create issues if not properly addressed in the QDRO. A good strategy is to divide only the vested portion or to include language allowing for future sharing of vested amounts through a shared interest QDRO model.

