Employee and Employer Contributions
401(k) plans typically include contributions made by the employee and often by the employer as well. However, employer contributions are often subject to a vesting schedule—which means part of the funds may not belong to the employee unless they’ve worked for the company for a certain number of years.
In your QDRO, make sure to:
- Specify whether the alternate payee will receive a portion of only the vested amount or the full balance as of a specific date
- Clarify date of division (e.g., date of separation, filing, or judgment)
- Address forfeited amounts—if the employee isn’t fully vested, the non-vested portion likely reverts back to the plan

