Vesting and Employer Contributions
Like many 401(k) plans, the Healthplex Associates 401(k) Profit Sharing Plan likely includes both employee contributions (100% immediately vested) and employer contributions (possibly subject to a vesting schedule).
A common issue in QDROs is trying to divide the unvested portion of employer contributions. The law only allows division of the vested portion. If your divorce is finalized before the vesting date, the alternate payee may receive less than anticipated.
It’s crucial to determine and document the exact vesting status as of the date used for division, typically the separation or divorce date. This information should be obtained from the plan administrator.

