Employee and Employer Contributions
Most 401(k) plans, including the Bowling Transportation, Inc.. 401(k) Plan, consist of two main types of contributions: employee deferrals and employer matching/contributions. The QDRO can divide either or both types, but the key is ensuring that only vested employer contributions are being allocated.
Unvested employer contributions generally cannot be divided unless they become vested later. You’ll want to clarify the vesting schedule used by Bowling transportation, Inc.. 401(k) plan. Some employers use a “cliff vesting” schedule (e.g., 100% after 3 years), while others use graded vesting (e.g., 20% per year over 5 years). This must be accounted for in your QDRO language so the alternate payee doesn’t receive a share that never becomes accessible.

