Employee and Employer Contributions
With 401(k) plans like the Capstone 401(k) Retirement Plan, both employee and employer contributions can be subject to division. However, employer contributions often come with a vesting schedule. That means not all employer contributions are the property of the employee unless certain service requirements are met.
In a QDRO, only the vested portion of the account is typically divisible. If your divorce occurs before full vesting, you may only receive a partial amount depending on the plan’s rules. Be sure to confirm the employee’s vesting status as of the date you’re dividing the account—this can dramatically impact what each party receives.

