Employee and Employer Contributions
The First Venture Home Healthcare Inc.. 401(k) Plan likely includes both employee deferrals and employer matching contributions. Not all of these funds may be treated equally in a QDRO, especially if the employer contributions are subject to a vesting schedule. It’s important to ask:
- Are the employer contributions fully vested?
- If not, how much is likely to be forfeited by the participant after divorce?
Unvested portions are not legally divisible in many cases. The QDRO must clearly distinguish between what’s divisible and what’s not, or the alternate payee could end up receiving less than expected.

