Dividing Employee and Employer Contributions
The Pechanga Development Corporation 401(k) Plan likely includes both employee salary deferrals and employer matching contributions. When dividing the account, it’s important to understand which contributions are vested and which may be subject to forfeiture depending on the participant’s length of employment.
A QDRO can be written to award the alternate payee only the vested portion of the account or to include all contributions regardless of vesting — but careful language is required. If unvested employer contributions are included in the division and become forfeited, the alternate payee might receive less than expected.

