Understanding Contributions and Vesting
401(k)s like the Fausey’s Care Bears, LLC 401(k) typically include two types of contributions:
- Employee Contributions: These are always 100% vested and can be divided through a QDRO without issue.
- Employer Contributions: These might be subject to a vesting schedule. That means a portion could be forfeited if the employee hasn’t met the required years of service.
When we draft a QDRO involving this plan, we request the vesting history and plan statements to ensure the non-employee spouse receives only the vested portion. If you don’t account for forfeiture risk, you could end up awarding money that isn’t actually available.

