Employee vs. Employer Contributions
The Burlington Capital Pm Group, Inc.. 401(k) Plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. This distinction matters.
- Employee Contributions are always 100% vested and part of the marital estate (unless they were contributed before marriage).
- Employer Contributions may be subject to vesting and can be forfeited if the employee terminates the plan before full vesting.
Your QDRO should clearly specify whether the alternate payee is entitled to a share of only vested funds as of the divorce date, or if the order will track and divide future vesting. Poor language here could result in loss of unvested but expected funds.

