Employee vs. Employer Contributions
Employee contributions to the plan are always 100% vested. That means those portions are eligible to be divided in divorce regardless of when they were made.
Employer contributions, on the other hand, may be subject to a vesting schedule. If a portion of the employer match hasn’t vested yet, it usually can’t be awarded in the QDRO unless the participant becomes fully vested before the QDRO is processed. For a plan like the Spray Systems of Arizona, Inc.. 401(k) Plan, we recommend checking the vesting schedule carefully.

