1. Employee vs. Employer Contributions
401(k) plans usually include both employee deferrals and employer contributions. Typically, employee contributions are 100% vested from day one, meaning they are always available for division. However, employer contributions come with a vesting schedule, which needs to be verified before drafting the QDRO. If the employee isn’t fully vested, only the vested portion of employer contributions can be divided.
For example, if Speech and language pathology associates, Inc.. matches contributions but the participant hasn’t been with the company long enough to be fully vested, any unvested funds will be forfeited rather than awarded to the alternate payee through the QDRO.

