Employee vs. Employer Contributions
Employee contributions are always 100% vested, meaning they belong to the participant spouse no matter what. However, employer contributions (such as a company match) are usually subject to a vesting schedule. If the participant leaves employment before being fully vested, some of these employer dollars may be forfeited. When you draft a QDRO for the Arsenal Capital Management 401(k) Plan, it’s critical to specify whether the alternate payee’s share includes only vested funds or all account balances (even unvested amounts, which would eventually be adjusted by the plan administrator).

