Employee and Employer Contributions
The Aspire Counseling Services 401(k) Plan likely includes both employee deferrals and employer matching contributions. While employee contributions are always 100% vested, employer contributions typically follow a vesting schedule. This means some of the employer match may not belong to the employee yet (and may never vest if they leave the company early).
When drafting your QDRO, it’s critical to ensure it reflects only vested portions of the plan unless otherwise agreed upon in your divorce settlement. If not clearly addressed, this often leads to confusion and dispute later, especially when the alternate payee expects more than what actually transfers.

