1. Employer Contributions and Vesting
The Territorial Savings Bank 401(k) Plan likely includes both employee and employer contributions. While employee contributions are always 100% vested, employer contributions may follow a vesting schedule. This means the participant must work for a certain period before that money becomes non-forfeitable.
When drafting a QDRO, you need to clarify whether the alternate payee receives a share of the vested balance only or if unvested portions will be addressed. Be aware—if a QDRO awards part of the employer contribution and that portion is later forfeited due to vesting, the alternate payee’s benefit may be reduced.

