1. Employee vs. Employer Contributions
The Blue Hive, Inc.. 401(k) Plan may include both the participant’s personal contributions and contributions made by the employer. The employer contributions may be subject to a vesting schedule, meaning the participant only earns the right to keep them after a certain number of years working for the company. Here’s what to consider:
- Identify the vested vs. non-vested balance as of the date of divorce or division date.
- Decide whether the alternate payee will share in vested amounts only, or both vested and potentially unvested amounts.
- Anticipate what happens if non-vested amounts are later forfeited—the QDRO must address this possibility.

