Employee vs. Employer Contributions
Most 401(k) plans include both employee contributions and employer matching or profit-sharing contributions. In dividing the Pestnow of Virginia, LLC 401(k) Plan, the QDRO must identify whether it applies to all plan funds or only certain portions. This is especially important if the employee had unvested employer contributions at the time of divorce.
Your QDRO should clarify:
- The cutoff date (usually the date of separation or divorce)
- Whether the division includes just vested amounts or also future vesting
- How forfeited or partially vested employer contributions will be handled

