Employee vs. Employer Contributions
The Iph Home Health Care 401(k) Profit Sharing Plan likely includes both employee elective deferrals and employer contributions. Often, employer profit-sharing or matching contributions are subject to a vesting schedule. That means not all employer-funded amounts are guaranteed to the employee at the time of divorce.
When drafting the QDRO, it’s critical to:
- Specify whether the alternate payee receives a share of just the vested account balance or both vested and unvested funds
- Clarify how forfeitures or future vesting should be handled

