1. Employee vs. Employer Contributions
The Colony Display, LLC 401(k) Plan likely allows both employees and the employer to make contributions. Employees are always entitled to their contributions and related earnings. However, employer contributions often have a vesting schedule—which means a portion may be forfeited if the employee leaves before a certain number of years of service.
When you’re dividing the account, you need to ask:
- Are any employer contributions unvested?
- Should your QDRO apply only to the vested balance as of a certain date?
At PeacockQDROs, we help you request and analyze this information so the QDRO reflects accurate account ownership at the time of division.

