Dividing Employee and Employer Contributions
A QDRO can divide both employee contributions and vested employer contributions. But not all employer contributions are immediately vested. If your spouse is dividing the account, and part of the employer’s match is unvested at the time of divorce, you need to be clear in the order whether that portion should be included if it vests later.
Some plans allow for after-divorce vesting build-up to apply to alternate payees—others don’t. We work closely with the plan documents and administrators at R2 logistics, Inc.. 401(k) plan to clarify these rules before filing the order.

