1. Employee and Employer Contributions
401(k) plans often include both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). A QDRO for the Atlanta Cancer Care, P.c. 401(k) Plan can only award the alternate payee the vested portion of the participant’s account. Unvested employer contributions will typically be forfeited upon termination or may vest at a specific schedule.
If you or your spouse isn’t fully vested, it’s essential to clarify in your divorce agreement how to handle forfeited amounts. You don’t want promises made in your decree that the QDRO can’t legally fulfill.

