Employee & Employer Contributions
A QDRO should spell out what portion of the account the alternate payee receives. This may include:
- Employee contributions (always 100% vested)
- Employer contributions (may be subject to vesting)
For a 401(k) with profit sharing components, like the Newport Country Club 401(k) Profit Sharing Plan and Trust, it’s common for employer contributions to be subject to a vesting schedule. Unvested funds may be forfeited after the divorce, depending on plan rules, so it’s important to specify how to handle them when drafting the QDRO.

