Employee and Employer Contributions
In many 401(k) plans, both the employee and employer make regular contributions. These contributions are often grouped together in the account, but they need to be clearly addressed in the QDRO.
- Employee Contributions: These are generally fully vested and are subject to division as marital property.
- Employer Contributions: These may be subject to a vesting schedule. Unvested amounts typically cannot be divided unless the participant becomes vested at a later date.
When drafting a QDRO for the Falcon Last Mile Inc. 401(k) Plan, it’s essential to clarify whether the alternate payee is entitled only to vested amounts or will wait for future vesting milestones.

