Employee and Employer Contributions
The Elevator Group 401(k) Savings Plan likely includes both employee contributions and employer matches. Employee contributions are always fully vested, but employer contributions may be subject to a vesting schedule. This matters because only the vested portion can be divided in a QDRO.
To evaluate what’s divisible, review:
- Vesting percentages based on years of service
- Dates of employment and plan participation
- Plan statements showing vested versus unvested balances
It’s not uncommon for the non-employee spouse to assume they’ll receive 50% of the total account. But if 40% of the employer contributions are unvested, they may be forfeited entirely—unless the QDRO clearly explains alternate timing or addresses future vesting rights.

