1. Employee and Employer Contributions
The Associated Recreation Council 401(k) Plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. One important issue during divorce is determining whether all those funds are divisible. Employer contributions are often subject to a vesting schedule—meaning only a portion may legally belong to the employee until certain service benchmarks are met. A QDRO must account for the vested balance only, or clarify whether it adjusts for future vesting.

