1. Employee and Employer Contribution Divisions
The Sosland Companies, Inc.. 401(k) Retirement Plan likely includes both employee contributions (which are always 100% vested) and employer matching or profit-sharing contributions (which may be subject to a vesting schedule). When drafting a QDRO, be careful how you word the division:
- Consider dividing only the vested balance as of the date of divorce or separation.
- If the order includes unvested employer contributions, be aware that those amounts may be forfeited if the employee spouse leaves or is terminated before vesting is complete.
Your QDRO should state whether the alternate payee shares in future vesting or only receives what is already vested at the time of division.

