1. Employee vs. Employer Contributions
The Avid Pallet Services, LLC 401(k) Plan likely holds both employee and employer contributions. Employee contributions are typically 100% vested, but employer contributions may be subject to a vesting schedule. If the participant has not met the vesting requirements, some employer contributions may be forfeited and not eligible for division under the QDRO.
Ensure your QDRO specifies whether it covers:
- Just employee contributions
- Both employee and vested employer contributions
Unvested employer amounts that are forfeited should be excluded from your award unless specifically addressed in the QDRO terms.

