1. Employee and Employer Contributions
The Brightcare Manag. 401(k) likely includes both employee deferrals and employer contributions. The employee’s contributions are always 100% vested. But employer-matched funds or profit-sharing amounts may be subject to a vesting schedule. That means not all the account may be payable to a spouse depending on the plan terms and the participant’s years of service.
Be careful when drafting a QDRO to determine whether you’re awarding a share of the total account or only the vested portion. If you want to exclude unvested amounts, your order must say so clearly.

