Employee and Employer Contributions
Participant contributions (what the employee put in) are always 100% vested and can be assigned in a QDRO without much issue. But employer contributions can be a different story. Some may not have vested yet—especially if the participant is still employed by Milestones, Inc.. 401(k) plan or recently left the company. That means:
- You cannot divide unvested amounts
- If the participant terminates employment later and forfeits unvested contributions, the alternate payee won’t receive those funds
- The QDRO should either include or exclude these amounts explicitly to avoid post-divorce confusion

