Division of Employee and Employer Contributions
The account in the Sky Transportation 401(k) Plan may include both employee and employer contributions. Typically, employee contributions are immediately vested, but employer contributions might be subject to a vesting schedule. Only vested amounts can be divided.
When preparing a QDRO, it’s crucial to:
- Identify and separate vested from unvested funds
- Determine how to handle forfeitable amounts
- Decide whether the division is a dollar amount or a percentage as of a certain date
We often recommend choosing a percentage of the account as of a specific date, such as the date of separation or dissolution. That gives both parties clarity and flexibility.

