Employee and Employer Contributions
401(k) plans usually include both employee and employer contributions. Employee deferrals are always 100% vested and can be divided in a QDRO with no issue. Employer contributions, however, may be subject to a vesting schedule. That means some amount may be forfeited if the participant has not worked a certain number of years with the employer. For the Sc Internal Medicine & Rehabilitation 401(k) Profit Sharing Plan, the QDRO must clearly distinguish between vested and unvested amounts—and only award what the participant is actually entitled to keep.

