Employee and Employer Contributions
401(k) plans are generally made up of both employee contributions (salary deferrals) and employer contributions (such as matching or profit-sharing). In the Fcihc 401(k) Plan, the QDRO can divide both, but employer contributions may be subject to a vesting schedule. Only the “vested” portion of employer contributions can be distributed to the alternate payee.
Any unvested amounts typically get forfeited when a participant leaves employment. This means that if you’re dividing the employer-contributed portion in a divorce, you need to be crystal clear about whether you’re claiming only vested amounts as of the QDRO date or including a future-based calculation. This needs to be spelled out in the order—and confirmed with the plan administrator for the Fcihc 401(k) Plan.

