1. Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer contributions. In the Foundation Medicine 401(k) Plan, employer contributions may be subject to a vesting schedule. If part of the account includes unvested amounts, the QDRO should specify whether the alternate payee is entitled to a percentage of only the vested balance or if they’ll receive contributions as they vest over time.
Be clear in the QDRO—this can prevent complications later, especially if the employee is approaching a full vesting milestone.

