Employee vs. Employer Contributions
One of the most important distinctions in dividing a 401(k) account like the Cher-ae Heights Casino 401(k) Plan is understanding that not all funds are treated equally. Employee contributions are usually 100% vested and eligible for division. Employer contributions, however, may be subject to a vesting schedule. If the participant spouse hasn’t worked long enough to meet full vesting, a portion of the employer match may be forfeited.
A proper QDRO will only address vested funds. If you try to split unvested funds, the order won’t be enforceable. That’s why we recommend contacting the plan administrator early to get a vesting report and breakdown of employee vs. employer dollars.

