1. Employee and Employer Contributions
The M & J Management Co. LLC 401(k) Plan likely contains both employee and employer (matching or discretionary) contributions. Most QDROs include both types, but unvested employer contributions add complications:
- Only vested employer contributions are transferable.
- If the account includes partially vested employer contributions, the QDRO may need to address how forfeitures are handled if the employee leaves employment before full vesting.
It’s critical to confirm the vesting status before drafting the QDRO—and we help with that as part of our process.

