Employee and Employer Contributions
One of the biggest issues in dividing a 401(k) like the Invisionapp, Inc. 401(k) Plan is how to allocate contributions made by the employee (participant) and employer. Employee contributions are always 100% vested. However, most employers apply a vesting schedule to their matching or profit-sharing contributions. If some of the employer contributions haven’t vested by the time of divorce or division date, those unvested amounts may be excluded from the alternate payee’s share.
So, we recommend first identifying the division cutoff date—commonly the date of separation or the date the divorce was filed. Then, determine what was fully vested as of that date. Your QDRO should clearly state that only vested funds are to be divided to avoid confusion later with the plan administrator.

