Employee vs. Employer Contributions
For a 401(k) like the Town Center Refrigeration, Heating and Air Conditioning 401(k) Plan, it’s critical to divide the account properly between employee and employer contributions. The employee (participant) contributions are always 100% vested. Employer contributions, however, are often subject to vesting schedules, and any unvested portion may be forfeited and not available to the alternate payee.
In a QDRO, be sure the language makes clear whether the division applies to the vested portion only, or whether it waits until the participant vests further before calculating the alternate payee’s share.

