Employee vs. Employer Contributions
Most 401(k) plans, including the N.g. Heimos Greenhouse Company, Inc. 401(k) Plan, feature both employee and employer contributions. QDROs can divide both, but employer contributions are often subject to vesting schedules. If the employee is not fully vested at the time of divorce, part of the employer contributions may not be available to divide—or may be forfeited later if the employee leaves before vesting fully.
This is where many people get misled. A QDRO should clearly define how to handle unvested amounts. Some attorneys choose to divide only the vested portion at the time of order. Others may include language allowing the alternate payee (generally the ex-spouse) to share in future vesting. Each option has pros and cons that should be discussed with an experienced QDRO attorney.

