1. Dividing Employee and Employer Contributions
In the 401(k) Profit Sharing Plan for Employees of Center for Alcohol and Drug Treatment, employee contributions are usually 100% vested immediately. However, employer profit-sharing contributions may be subject to a vesting schedule. This means a portion of the employer’s contributions can remain unvested—and may be forfeited upon termination.
If the QDRO attempts to award a percentage of the total account balance without considering what is vested, it may lead to disputes or delays in processing. To avoid this, the QDRO should clearly state whether the alternate payee is entitled to only the vested portion of employer contributions as of the date of division.

