Employee and Employer Contributions
In many 401(k) plans, both employee salary deferrals and employer contributions are part of the total balance. However, only vested portions of employer contributions are divisible. If the participant is not 100% vested in employer funds, the non-vested portion is not available to the alternate payee. If you divide an account based on percentages rather than specific dollar amounts, vesting can significantly impact what each person receives.
We always include language in QDROs that protects the alternate payee, including adjusting for forfeitures due to vesting, unless otherwise agreed by both parties.

