1. Employee vs. Employer Contributions
Most 401(k) plans, including the Bill’s Electric, Inc.. 401(k) Plan, include both employee and employer contributions. Only the vested portion of the employer contributions can be divided in the QDRO. It’s critical to clarify:
- Whether the employer contributions are fully vested
- If any employer contributions are unvested and may be forfeited
- Whether the plan applies a graded or cliff vesting schedule
If a QDRO attempts to divide unvested contributions, that portion may never be received by the alternate payee. A properly worded QDRO will address this.

