Employee and Employer Contributions
The Siteworks Landscape Incorporated 401(k) Plan likely includes both employee elective deferrals and employer matching contributions. The division must distinguish between the participant’s contributions (which are always 100% theirs) and any employer contributions, which may be subject to vesting.
The QDRO can award a specific dollar amount or a percentage of the account as of a certain date. If unvested employer contributions are awarded by mistake, the alternate payee may end up with less than expected. That’s why it’s essential to calculate what’s vested versus unvested and draft the QDRO accordingly.

