1. Employee Contributions vs. Employer Contributions
The Omega Therapeutics, Inc.. 401(k) Plan likely includes both types. Employee contributions are always 100% owned by the participant, but employer contributions may follow a vesting schedule. That means not all employer-funded amounts will be available for division if the employee hasn’t met the company’s vesting requirements at the time of divorce.
We always recommend reviewing a current plan statement and asking the HR department about vesting for accurate division. The QDRO must make clear how these amounts are handled—especially whether only vested balances are being divided, or if there’s a share of future vesting covered too.

