Employee vs. Employer Contributions
With the Xl Pro 401(k) Plan, dividing contributions depends on when they were made. Contributions that occurred during the marriage are typically considered marital property. But things get tricky when employer contributions are involved. Many plans—especially small business plans like this one—have vesting schedules for employer contributions.
If some employer contributions aren’t fully vested at the time of divorce, they may not be divisible now—or ever. A well-drafted QDRO can address this by awarding the alternate payee a portion of future vesting based on the participant’s continued employment with Xl pro consulting group, LLC.

