Employee and Employer Contributions
The Seacrest Foods International 401(k) Plan likely includes both the employee’s own contributions and some level of matching or non-matching employer contributions. However, not all employer contributions may be vested. During a divorce, the QDRO should clearly identify which portion of the plan—vested and otherwise—is subject to division. Unvested employer contributions may be forfeited, and the QDRO cannot assign what isn’t already earned under the plan’s terms.

