1. Dividing Employee and Employer Contributions
An alternate payee may be entitled to a portion of both the employee’s contributions and the employer match. However, only vested employer contributions are available for division. If the employee is partially vested, the non-vested portion is typically forfeited and not subject to division.
It’s important to confirm the participant’s vesting schedule with the plan administrator. For example, if they’ve worked five years at Hudson community enterprises, Inc.. 401(k) plan and the employer match is vested at 100% after six years, the QDRO drafter must reflect that the employer match is partially vested or not vested at all.

