Employee and Employer Contributions
401(k) accounts typically include employee salary deferrals and employer contributions. With the Advent Cleaners 401(k) Plan, it’s critical to know whether employer contributions are fully vested. If not, the alternate payee (usually the non-employee ex-spouse) may only be entitled to a portion of the vested balance.
A well-drafted QDRO will address whether the division includes just the employee’s contributions or both employee and vested employer contributions. Unvested amounts should be excluded unless specifically agreed upon in the divorce judgment.

