Employee and Employer Contributions
The Finney’s Crafthouse & Kitchen 401(k) Plan likely includes both employee and employer contributions. In most divorces, it’s essential to distinguish between the participant’s contributions (usually 100% vested) and employer matches (which might be subject to a vesting schedule). Only vested employer contributions can be legally split in a QDRO.
Be specific in the QDRO: state whether the alternate payee is owed a percentage of the total vested balance as of a certain date or gains an exact dollar amount. Failing to include language about potentially unvested funds could result in significant assets being left out of the divorce division altogether.

