Employee and Employer Contributions
One common mistake we see is failing to clearly address how employee and employer contributions are to be split. In plans like the Luster National Inc.. 401(k) Plan, employer matches are often subject to vesting schedules. That means your total balance might include unvested funds that could be forfeited if the participant leaves the company before becoming fully vested.
If you’re the alternate payee (non-employee spouse), you’ll want to know:
- What portion of the plan is vested and non-vested as of the division date?
- Whether any future vesting applies to your portion
- How forfeitures are handled after the QDRO is processed

