Employee vs. Employer Contributions
The Primary Health Choice, Inc.. 401(k) Plan likely includes contributions from both the employee and the employer. While employee contributions are always 100% vested, employer contributions might not be. A well-drafted QDRO should:
- Specify whether the alternate payee will receive a share of only vested funds or both vested and unvested funds;
- Include language addressing future vesting if applicable to the division;
- Clearly define the valuation date—such as the date of separation, divorce, or another agreed-upon point in time.

