1. Employee and Employer Contributions
The Triumph Treatment 401(k) Plan likely includes both employee contributions and employer matching or nonelective contributions. While employee contributions are always fully vested, employer contributions may be subject to a time-based vesting schedule. In a QDRO, only the vested portion of employer contributions can legally be assigned to an alternate payee.
Make sure to obtain a current statement from the plan administrator that shows the balance and vesting status. This is especially important if the employee is still working and accruing service credit.

