Employee and Employer Contributions
401(k) plans like the California Retina Consultants 401(k) Plan often include both employee deferrals and employer matching or discretionary contributions. In many cases, the employee’s portion is fully vested (because it’s their money), but employer funds might have vesting schedules that determine whether the employee is entitled to some or all of that money.
When drafting the QDRO, it’s crucial to clarify whether the non-employee spouse shares in:
- Just the vested account balance as of the marital cut-off date
- Future gains or losses on that balance
- Employer contributions that may later vest (and are still subject to forfeiture)

