Employee and Employer Contributions
401(k) plans typically include both employee contributions and employer matches. While employee contributions are always fully vested, employer contributions may be subject to a vesting schedule. It’s important to outline in your QDRO whether the alternate payee receives a portion of both types of contributions.
If the participant is not fully vested at the time of divorce, unvested employer contributions may be forfeited. Your QDRO should address how forfeiture will affect the alternate payee’s share. In most situations, QDROs only divide vested funds, but we always confirm with the plan administrator’s procedures first.

