Employee Contributions vs. Employer Contributions
Typically, all employee contributions to a 401(k) are 100% vested. That means they are considered marital property if contributed during the marriage. But employer contributions may be subject to a vesting schedule. If the employee spouse hasn’t met service requirements, part of the employer contribution may not be divisible in the QDRO.
If you’re dividing the Southern Valet 401(k) Plan, make sure the QDRO specifies:
- Whether the award includes only vested balances or both vested and unvested
- A clear cutoff date for determining the marital portion—usually the date of separation or divorce

