1. Employee and Employer Contributions
The St Johns Donuts LLC – 401(k) likely includes contributions from both the employee and the employer. In most divorces, only the vested portion of employer contributions is eligible for division. If your QDRO includes unvested funds, those amounts could be forfeited if the employee leaves the company early, and you could lose your share entirely unless the order accounts for this properly.
We clarify all contributions in the QDRO and recommend including reallocation provisions to protect against unexpected forfeitures.

