Employee vs. Employer Contributions
401(k) plans usually include both employee deferrals and employer contributions. In a QDRO, it’s important to specify whether the division applies to the total account balance, or only to the employee’s contributions.
If employer contributions are subject to vesting—which is typical in plans sponsored by business entities—the alternate payee may only be entitled to the vested portion. Any unvested employer contributions might be forfeited if the employee spouse leaves the company prior to full vesting.
This is one of the most critical details to get right when dividing a plan like the Forza Education Management 401(k) Plan. Failing to address vesting schedules could result in the alternate payee receiving less than anticipated.

