Employee and Employer Contributions
401(k) accounts like the Kelcar LLC 401(k) Plan are made up of both employee deferrals and employer matches. The match portion may be subject to a vesting schedule. This means not all the employer’s contributions are guaranteed—the participant may forfeit some if they haven’t worked long enough.
When drafting a QDRO, it’s important to:
- Specify whether only vested amounts can be divided
- Clarify whether the alternate payee shares in future vesting
- Pro-rate the division based on the marital portion of total contributions

