1. Employee and Employer Contributions
The One La Wax Retirement Plan being a 401(k), likely includes both employee and employer contributions. Not all of the employer contributions may be vested at the time of divorce. This matters because:
- Only vested amounts can be awarded to the alternate payee
- Unvested employer contributions are typically forfeited if the employee leaves before satisfying vesting requirements
- The QDRO needs to clearly state whether the division applies only to vested balances
We recommend requesting a current statement from the plan showing the vested percentage. This ensures clarity about the true value of what’s being divided.

