Employee vs. Employer Contributions
Employee deferrals (including traditional and Roth 401(k) contributions) are always 100% vested. But employer profit-sharing contributions usually vest over time—a detail that’s often missed in hasty QDROs. If your QDRO awards a percentage of the total balance, you may unintentionally include unvested amounts the alternate payee can’t yet receive. To avoid this mistake, you need specific language that addresses what happens to unvested employer contributions, especially in a plan like this one.

