1. Employee and Employer Contributions
In most 401(k) plans, contributions come from both the employee and employer. But employer contributions typically come with a vesting schedule. That means an employee may not be entitled to 100% of those amounts unless they’ve met certain service requirements.
When preparing a QDRO for the Nathan Adelson Hospice, Inc.. 401(k) Plan, it’s important to determine:
- What portion of the balance is from employee contributions (which are always 100% vested)?
- What portion is from employer contributions—and how much of that is vested vs. non-vested as of the date of division?
Any unvested funds typically revert to the plan if the participant leaves employment before fully vesting. You can’t divide what doesn’t legally belong to the participant—so this needs to be clearly outlined in your QDRO.

