1. Employee and Employer Contributions
With the Esquire Bank 401(k) Plan, contributions come from both the employee and the employer. One major issue in QDRO drafting is whether the alternate payee is entitled to employer contributions—or just what’s vested.
Employer contributions usually have a vesting schedule. If the participant is not 100% vested at the time of divorce or plan division, any non-vested portion will likely be forfeited. A good QDRO will include language that adjusts for these differences and ensures the alternate payee only receives what has vested.

