Employee vs. Employer Contributions
This plan likely includes both employee salary deferrals and employer matching or profit-sharing contributions. While the employee’s contributions are usually fully vested, employer contributions may be subject to a vesting schedule. When drafting a QDRO for the Accord Healthcare Inc. 401(k) Profit Sharing Plan and Trust, it’s important to:
- Clarify whether the division includes just vested amounts or all contributions (including non-vested amounts)
- Include a date of division (known as the “valuation date”)—this is typically the date of separation, date of divorce filing, or another agreed-upon date
Unvested employer contributions may be forfeited if the employee (the “participant”) leaves the company before vesting. The QDRO must address what happens if that occurs after the divorce but before those funds vest.

