1. Employee vs. Employer Contributions
The participant’s contributions are typically 100% vested and can be divided without issue. However, employer contributions may be subject to a vesting schedule. If the participant hasn’t been with New england infrastructure, Inc.. long enough, some portion of the employer match may not be vested and could be forfeited if a divorce occurs before full vesting.
Solution: The QDRO should specify that only the vested portion of the employer contributions will be divided — or use language that adjusts the alternate payee’s share depending on final vesting status.

