Employee and Employer Contributions
In many 401(k) plans, the account includes both employee and employer contributions. The employee’s own contributions are always 100% vested. However, employer contributions may have a vesting schedule based on years of service. That means at the time of the divorce, not all employer contributions may belong to the employee yet—and unvested amounts may be forfeited.
When dividing the Sunbird Software, Inc.. Employees Savings Plan, it’s important the QDRO only includes vested amounts at the time of division unless otherwise agreed by both parties. Otherwise, the alternate payee may be awarded assets they’ll never receive.

