1. Handling Employee and Employer Contributions
Both employee deferrals and employer matching contributions may be included in the marital division. However, you’ll need to understand the vesting schedule. In many business entity 401(k)s like the one run by Eggstrodinary restaurants LLC, employer contributions may be subject to a vesting period. Unvested portions are not marital property in most cases and may end up being forfeited if the employee leaves the company before fully vesting.
If your divorce order intends to divide both employee and employer funds, make sure the QDRO clearly explains what to do with forfeitures or vesting shortfalls.

