Employer vs. Employee Contributions
Most 401(k) plans include a mix of employee contributions (which are always 100% vested) and employer match or profit-sharing contributions. In plans tied to a business entity like this one—especially in construction or project-based work—employer contributions often follow a multi-year vesting schedule.
If the participant is not fully vested at the time of divorce, any unvested balances could be forfeited. Your QDRO must account for this. We often recommend including language that the alternate payee’s share is based only on the vested balance (as of a specific valuation date) unless the parties agree otherwise.

