1. Employee vs. Employer Contributions
The Co-op 401(k) Plan likely includes employee salary deferrals and employer matching or profit-sharing contributions. While employee contributions are usually fully vested, employer portions may be subject to a vesting schedule. Any unvested employer contributions will be forfeited if the employee isn’t fully vested at the time of divorce or employment termination.
When drafting a QDRO, it’s critical to distinguish whether the division will include both employee and employer contributions, and whether the alternate payee is entitled to only vested portions. We often advise our clients on how to word this properly to avoid disputes with the plan administrator.

