1. Employee and Employer Contributions
Most people don’t realize that not all 401(k) contributions are treated equally. A QDRO for the Fastly, Inc.. 401(k) Plan should distinguish between:
- Employee contributions (always fully vested)
- Employer contributions (may be subject to a vesting schedule)
The timing of your divorce filing or separation date can impact what portion of the employer contributions are divisible. If employer contributions aren’t fully vested at divorce, the unvested portion might be off-limits to the alternate payee. This needs to be clearly handled in your QDRO language.

