1. Employee vs. Employer Contributions
401(k) accounts are typically made up of two sources of contributions:
- Employee Contributions: These are funds the participant voluntarily contributes from their paycheck.
- Employer Contributions: These may include matching contributions or profit-sharing, subject to a vesting schedule.
When dividing the Figeac-aero North America, Inc.. 401(k) Plan & Trust, you must consider whether the participant is fully vested in all employer contributions. If not, those non-vested amounts may be forfeited and aren’t available to the alternate payee (the former spouse receiving a share).
The QDRO should clearly state how to handle forfeitures, especially if more of the employer match vests after the divorce but prior to QDRO implementation.

