1. Understanding Employee and Employer Contributions
The Select Building Group Commercial, LLC 401(k) Plan likely includes two types of contributions: the employee’s own deferrals and matching or discretionary contributions possibly made by the employer. While the employee’s contributions and earnings are usually considered fully vested, employer contributions may be subject to a vesting schedule.
If some employer contributions are unvested at the time of divorce, they’re typically forfeited if the employee leaves the company before meeting the full vesting period. The QDRO should account for this possibility by including provisions that divide only the vested portion of the account.

