Employer and Employee Contributions
The Eqt Corporation Employee Savings Plan likely includes both employee contributions (from the participant’s paycheck) and employer contributions. A QDRO must clearly state how both of these sets of funds should be divided. Typically, this division is done using a percentage or fixed dollar amount—often based on the account’s value as of a certain date (commonly the date of separation).
Because employer contributions can have vesting schedules, it’s crucial to know what portion of these contributions the employee was entitled to at the time of divorce. Only the vested portion is subject to division unless otherwise agreed by the parties.
Vesting Schedules and Forfeitures
Many 401(k) plans, especially in the general business sector, include a vesting schedule for employer contributions. A participant may not be fully entitled to the employer-provided funds until they’ve met certain service milestones. Typically, the employee becomes partially vested each year until they’re 100% vested.
Any unvested employer contributions at the time of divorce are not usually assignable under a QDRO. However, a well-written QDRO can be drafted to allow post-divorce review of vesting or even to include a provision that the alternate payee (former spouse) gets future vested funds, if agreed. You’ll want legal guidance here to make the language rock-solid.