1. Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. In dividing the Jani-king International, Inc.. 401(k) Plan, both types of contributions may be part of the marital estate. However, employer contributions are typically subject to a vesting schedule.
If the participant isn’t fully vested, some of the employer contributions may be forfeited. This means the alternate payee could receive less than expected unless the QDRO accounts for vesting correctly. We can draft language that protects against this risk when appropriate.

