Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer matching or profit-sharing contributions. In many cases, only the employee portion is 100% vested, while employer contributions are subject to a vesting schedule. If your QDRO attempts to divide unvested funds, the alternate payee may receive nothing if those funds are forfeited post-divorce.
To avoid this, your QDRO should:
- Specify the cut-off date for division (e.g., date of separation or divorce judgment)
- Limit division to vested amounts only, or include a provision that forfeited funds will not be paid

