Employee and Employer Contributions
One important consideration with the Malik Consulting Inc. 401(k) Profit Sharing Plan & Trust is the division of both employee contributions and employer contributions. While employee deferrals are typically 100% vested immediately, employer contributions can be subject to a vesting schedule. If the participant is not fully vested, the non-vested portion may be forfeited at the time of divorce or job separation. When drafting the QDRO, it’s important to clarify whether the alternate payee is entitled only to vested amounts or will receive a share of employer contributions as they become vested.

