Employee vs. Employer Contributions
In most 401(k) plans, contributions from the employee are always 100% vested, meaning they are not subject to forfeiture. Employer contributions—such as matching or profit-sharing—may be subject to a vesting schedule. If the employee spouse leaves the company before being fully vested, they may forfeit a portion of the employer-funded account balance.
In your QDRO for the Power Advocate, Inc.. 401(k) Plan, your attorney must clarify whether the division includes:
- Just the vested portion of the account
- Both vested and unvested amounts (not typical, but possible through negotiation)

