1. Division of Employee vs. Employer Contributions
Many 401(k)s—including the Superior Diesel, Inc. Retirement Savings Plan—feature both employee deferrals and employer contributions. While employee contributions are always fully vested, employer contributions often have a vesting schedule. If a participant has not worked long enough to be fully vested, the unvested portion can be forfeited. This affects how the order is worded.
In the QDRO, we typically specify that division will be based only on vested amounts. An experienced QDRO attorney should request a vesting statement to confirm exactly what can be divided.

