Employee vs. Employer Contributions
401(k) QDROs usually divide only the “marital portion”—this refers to the contributions and earnings made during the marriage. However, pay close attention to employer contributions, which may not be fully vested. If employer matching is part of the Sequoia Senior Living LLC 401(k) Plan and is subject to a vesting schedule, only the vested portion is typically available for division. Any unvested balance at the time of divorce may be forfeited if the employee spouse leaves the company.

