Employee and Employer Contributions
401(k) plans, including the The Amadas Group, Inc.. Savings Plan, typically include both employee deferrals and employer-matching contributions. While the employee’s portion is typically 100% vested from day one, the employer’s portion may be subject to a vesting schedule. In a divorce scenario, only the vested portion of the employer contribution is divisible by QDRO. Be sure to confirm:
- The current vesting schedule
- What portion of the total plan balance is vested
- Whether the alternate payee (usually the non-employee spouse) is entitled to just vested balances or both vested and non-vested portions (some courts allow delayed distribution)

