Employee vs. Employer Contributions
Employee contributions in a 401(k) are generally 100% vested immediately. That means the participant owns those funds outright. However, employer contributions often follow a vesting schedule. If the participant is not fully vested at the time of the divorce, some of the employer contributions may be forfeited if the participant leaves the company.
When drafting a QDRO for the Lustre-cal 401(k) Plan, it’s important to:
- Identify which funds are vested and which are not
- Make sure the QDRO anticipates potential forfeitures
- Adjust the division method if the employer contributions are subject to change

