1. Employee and Employer Contributions
The participant’s 401(k) balance may include employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). In a divorce, the QDRO can award a percentage of the participant’s total account – or just the vested portion.
We recommend that QDROs for the Rentals Unlimited Inc.. 401(k) Retirement Plan make it clear whether both vesting and non-vesting assets are included. Usually, only the vested balance as of the cut-off date is divisible. If unvested funds become vested later, those should generally not go to the alternate payee, unless otherwise agreed upon.

