1. Employee vs. Employer Contributions
Many 401(k) plans include both employee salary deferrals and employer matching or profit-sharing contributions. But those employer contributions may be subject to a vesting schedule. In the Equus Employee Savings and Retirement Plan, any non-vested portion of employer matching funds will likely be forfeited if the participant leaves the company prior to full vesting.
Make sure your QDRO specifies whether the alternate payee’s award includes only vested funds or both vested and unvested amounts, which would be subject to future vesting.

