Employer Contributions and Vesting Schedules
401(k) plans often include employer matching or discretionary contributions. The key issue here is vesting. Only vested amounts can typically be awarded to the alternate payee. If the employer contributions in the Medifast, Inc.. 401(k) Plan are subject to a vesting schedule, any unvested amounts will generally remain with the employee.
A well-drafted QDRO needs to address these issues directly. We often recommend language that awards the alternate payee a percentage of the “vested account balance as of the date of division” to avoid confusion.

