Employee vs. Employer Contributions
Participant contributions to the K. Neal International Trucks, Inc.. 401(k) Plan are always 100% vested. However, employer contributions may be subject to a vesting schedule. If the participant spouse hasn’t met the necessary service requirements, some of the employer-adjusted balance might be unvested and therefore not divisible.
When dividing the plan, it’s essential to separate employee contributions, employer contributions, and any earnings. At PeacockQDROs, we often recommend language that allows the alternate payee to receive a pro-rata share of all vested funds, including earnings through the date of distribution.

