Employee vs. Employer Contributions
With the Planar Systems, Inc.. 401(k) Plan, contributions may include both amounts deferred from the employee’s paycheck and contributions from the employer. Typically, the employee’s contributions are 100% vested immediately, but employer contributions might follow a multi-year vesting schedule.
If any portion of the employer contributions is unvested at the time of divorce, these amounts are not subject to division and will eventually be forfeited. A QDRO should clearly state which contributions are to be included and whether vested status is considered as of the date of divorce, the date of the QDRO, or another agreed date.

