Employee and Employer Contributions
In most 401(k) plans, employee contributions are always 100% vested, while employer contributions may be subject to vesting schedules. That means an employee must work for Blum, Inc.. employees 401(k) plan for a certain period before gaining full rights to the employer’s contributions.
When preparing a QDRO, it’s important to determine what amounts are vested versus unvested as of the separation or valuation date. Unvested employer contributions typically do not get divided unless the employee becomes vested later through continued employment.
A good QDRO will clearly state whether the alternate payee (usually the non-employee spouse) shares in only the vested portion of the account or also in future vesting, depending on the agreement reached in the divorce.

