Employee and Employer Contributions
Most 401(k) plans include both employee salary deferrals and employer matching contributions. During divorce, you’ll need to determine whether the division applies only to what the employee contributed, or includes matches from the employer. If the employer contributions are not fully vested, that portion may be lost unless the participant meets certain criteria.
When drafting your QDRO for the The Bank of East Asia, Limited Savings Plan, make sure to:
- Clarify the “as of” date for valuation (often called the division date)
- Specify whether unvested employer contributions are included
- Include language about how forfeitures will impact payout

