Employee vs. Employer Contributions
The Cherrytree/macon 401(k) Plan likely includes both employee deferrals and employer contributions. It’s important to differentiate between the two in your QDRO. While employee contributions are always 100% vested, employer contributions often vest over time. If some of those employer contributions are not yet vested at the time of divorce, the alternate payee may not be entitled to receive them.
Your order should:
- Specify if the award includes only vested employer contributions or both vested and unvested
- Make clear whether the alternate payee’s portion will increase if those contributions later vest

