Employee and Employer Contributions
In most 401(k) plans, both the employee and employer make contributions. However, employer contributions may be subject to vesting schedules—typically over three to six years. This means part of the employer’s contributions may not yet belong to the employee and could be forfeited if the employee leaves the company before they’re fully vested. A well-drafted QDRO for the Southern Medical Management 401(k) Plan needs to account for the vested versus non-vested balance to avoid unfair results. We often recommend language that limits the alternate payee’s award to the vested amount as of a specific date.

