Employee and Employer Contributions
In a 401(k) like the Sequoia Holdings LLC 401(k) Profit Sharing Plan, contributions come from both the employee and their employer. A QDRO can assign a portion of either—or both—of these contributions to the alternate payee. However, it’s important to distinguish between what is actually available to divide.
Employer contributions may be subject to vesting schedules. If a participant hasn’t satisfied the vesting criteria at the time of divorce, some of those funds may not yet be available for division. Any unvested amount will remain with the employee unless and until it vests at a later date. Your QDRO can specify whether the alternate payee should receive a share of those future vested amounts—or only what is already vested today. Either way, clarity is essential.

