Dividing Employee and Employer Contributions
A common issue in dividing the Investment Property Group Ut 401(k) Plan is understanding the difference between employee-funded contributions (usually fully vested immediately) and employer contributions. Employer contributions often require participants to meet a vesting schedule. For example, they might only become vested after three or five years of service.
When dividing the plan, it’s important to identify the marital portion of the account and determine whether unvested employer contributions should be included in the QDRO. If the participant spouse changes jobs before completing the vesting period, the alternate payee could lose their interest in some of the employer-funded retirement benefits. Your QDRO should make clear whether it includes only vested amounts or also any unvested funds that vest in the future.

