Employee and Employer Contribution Divisions
A major issue is whether the QDRO will award just the employee’s contributions or both employee and employer contributions. Many employer contributions have vesting schedules. If a participant isn’t fully vested at the time of divorce, only the vested amount can be divided under the QDRO.
For the Foh Productions 401(k) Plan, it’s important to confirm the employer’s vesting schedule and whether any employer contributions are subject to forfeiture upon termination. We often include language in QDROs that limits awards to the “vested” portion of the account to cover this scenario.

