Employee vs Employer Contributions
In the Dealpath 401(k) Plan, like most 401(k) plans, contributions come from two sources:
- Employee contributions: These are fully vested and belong to the participant.
- Employer contributions: These usually have a vesting schedule—and that matters a lot in divorce.
Only the vested portion of employer contributions can be divided through a QDRO. Unvested amounts will be forfeited if the employee leaves the company before fully vesting. A good QDRO will specify what happens in that case, and whether the Alternate Payee shares in forfeitures or not. At PeacockQDROs, we make sure all of that is considered in the QDRO language.

