Employee vs. Employer Contributions
Most 401(k) plans have contributions made by the employee (elective deferrals) and often matching or profit-sharing contributions from the employer. In dividing the Windham Group 401(k) Savings Plan, it’s important to know how much of the balance comes from each source and whether all employer contributions are vested.
If employer contributions are not fully vested, those unvested funds could be forfeited and excluded from the alternate payee’s share. Your QDRO needs to clearly spell out how unvested amounts are handled—whether they are excluded or whether the alternate payee will get a share if they vest later.

