Employee and Employer Contributions
Employee contributions are typically 100% vested, meaning they’re subject to division based on your court order. However, employer contributions often vest over time. If contributions from Fortitude gold corporation 401(k) plan aren’t yet vested, they usually can’t be shared with the alternate payee unless the participant becomes fully vested as of the QDRO valuation date.
Make sure your QDRO addresses:
- Whether the division includes just employee contributions or employer contributions as well
- The effective date used to calculate the division (often the date of separation or divorce)
- Specific language granting or excluding unvested portions

