1. Employee and Employer Contributions
The Perma-fix Environmental Services, Inc.. 401(k) Plan likely includes employee salary deferrals and possibly employer matching or profit-sharing. In a QDRO, it’s essential to clearly define whether the alternate payee is receiving:
- A share of just the employee’s contributions
- Both employee and employer contributions
- Only vested amounts or future vesting (note: usually not allowed)
Employer contributions often come with a vesting schedule. If a portion of the account is unvested at the time of divorce, it may be forfeited if the employee leaves the company before full vesting. Your divorce judgment and QDRO must address how to handle unvested amounts—and whether they revert to the participant or are redistributed to the alternate payee later if they vest.

