Employer and Employee Contributions
401(k) plans usually have two sources of contributions: those made by the employee and those made by the employer. Employee contributions are always 100% vested. That means they immediately belong to the employee. But employer contributions often vest over time. If your spouse hasn’t worked long enough at Cass, Inc.. 401(k) profit sharing plan to vest fully, part of the balance may not be available for division through a QDRO.
In drafting your QDRO, make sure it specifies whether you’re dividing only vested amounts or requesting to divide future vesting (if allowed by the court/jurisdiction). Be clear on this with your attorney to avoid disputes later.

