Employee and Employer Contributions
Many people assume that 100% of the 401(k) balance is subject to division, but employer contributions may not be fully vested. The Sptco Mep 401(k) for Health Technologies Inc.. likely has a vesting schedule linked to years of service. If the participant is not fully vested at the time of division, unvested amounts may be forfeited and never available to the alternate payee.
When drafting the QDRO, you’ll need to be very clear whether the alternate payee is entitled to both employee and employer contributions—and crucially, whether the order accounts for what’s vested only or includes potentially-vested future amounts, depending on how the divorce decree is written.

