Employer Contributions and Vesting
401(k) plans often include employer contributions—either matching or discretionary. However, just because the balance is there doesn’t mean it belongs to the employee. Employer contributions are usually subject to a vesting schedule. That means if the employee hasn’t reached the required years of service, a portion of the funds may be at risk of forfeiture.
When dividing the Contexture Inc.. 401(k) Plan in a QDRO, make sure to review:
- How much of the employer contributions are fully vested
- Whether to divide based on account balance at the time of divorce or at the time the QDRO is implemented
- Whether gains and losses will apply to the alternate payee’s share

