Employee and Employer Contributions
This 401(k) plan likely includes both employee contributions (salary deferrals) and employer matching or discretionary contributions. A major issue in QDROs is whether the employer contributions are fully vested.
- If an employer contribution is not fully vested at the time of divorce, the unvested portion may eventually be forfeited if the employee leaves the company.
- A good QDRO will address this. For example, it might include a clause that awards the alternate payee a percentage of the vested account balance only, or it may give rights to any future vesting.

