Employee Contributions vs. Employer Contributions
Most 401(k) plans include both employee and employer contributions. In the Mad Dash, Inc.. 401(k) Retirement Plan, it’s important to distinguish between these when dividing the plan. Employee contributions are almost always 100% vested, meaning that portion can usually be split based on the marital share or a specific percentage.
Employer contributions, however, may be subject to a vesting schedule. Unvested funds typically cannot be awarded to the alternate payee unless the employee becomes fully vested post-divorce. The QDRO must be drafted in a way that considers either current vesting status or defines a method to address future vesting events.

