Employee and Employer Contributions
When dividing a 401(k) plan, it’s important to distinguish between:
- Employee Deferrals: These amounts are typically 100% vested and divisible.
- Employer Contributions: May be subject to a vesting schedule. If some of the funds are not yet vested, they can be excluded in the QDRO or specially addressed in case of forfeiture.
For the Els Companies Inc.. 401(k) Plan, we recommend reviewing plan statements and employer documents to determine what funds are vested and what could be forfeited before the QDRO goes into effect.

