1. Employee vs. Employer Contributions
Many people aren’t aware that employer contributions may not fully belong to the employee right away. Most businesses—including the one sponsoring the Indian Trail Club, LLC 401(k) Plan—apply a vesting schedule. If the employee hasn’t worked long enough, part of the employer’s contributions may be forfeitable. Only the vested portion is divisible in a QDRO.
When drafting your order, make sure it specifies whether the alternate payee is entitled only to vested amounts as of the division date or if future vesting is included. This detail could impact thousands of dollars.

