1. Employee vs. Employer Contributions
The participant’s individual salary deferral contributions are fully owned by them and typically 100% vested. However, employer contributions to this plan may be subject to a vesting schedule. That means some of the employer contributions could be forfeited if the employee leaves before becoming fully vested.
In your QDRO, make sure to distinguish between these types of contributions. At PeacockQDROs, we typically include language that limits the award to only the vested portion unless otherwise agreed by the parties. This avoids confusion when the final amount is being calculated by the plan administrator.

