Employee and Employer Contribution Divisions
Like many 401(k) plans, the Rue21 401(k) Profit Sharing Plan likely includes both employee deferrals and employer contributions. Employee deferrals are always 100% vested, but employer contributions may be subject to a vesting schedule. This matters: the non-employee spouse cannot receive a portion of unvested employer funds, even if those contributions were made during the marriage.
Make sure your QDRO specifies what happens if unvested funds later become vested—will the alternate payee receive a share later? Or is their entitlement determined strictly as of the date of division? If your divorce agreement doesn’t address this, it can become a major source of disagreement later.

