Employee and Employer Contribution Division
One of the most common disputes we see involves dividing both the employee and employer contributions. With 401(k) plans like the Touching Hearts Inc. 401(k) Plan, it’s important to clarify whether the alternate payee is receiving a share of both, and if so, whether unvested employer contributions are included or excluded.
At PeacockQDROs, we carefully draft QDROs to account for vesting schedules and ensure that clients understand what is actually being divided. If the employee participant is not fully vested, the alternate payee cannot receive funds that haven’t vested—unless and until those funds vest later, and the QDRO allows for that future transfer.

