Employee vs. Employer Contributions
In most 401(k) plans, the employee’s own contributions are always 100% vested. However, employer contributions (like matching or profit-sharing) may be subject to a vesting schedule. If the participant spouse isn’t fully vested in their employer contributions at the time of divorce, the former spouse could end up receiving less than expected.
When drafting a QDRO for the Engineering Industries, Inc.. 401(k) Savings Plan, we make sure to:
- Clarify how vested and unvested amounts will be treated
- Specify the cutoff date for calculating vested benefits—this is usually the date of divorce or date of separation
- Plan for possible forfeitures of unvested amounts

