1. Employee vs. Employer Contributions
401(k) accounts like the Fidus Global 401(k) Plan often include two types of contributions:
- Employee contributions: These are usually 100% vested immediately and will be included in the QDRO division.
- Employer contributions: These may be subject to a vesting schedule. Only the vested portion can be awarded to the alternate payee (the spouse receiving a share of the account).
If the participant wasn’t fully vested at the time of divorce, the QDRO should specify that only the vested portion will be divided. Including language to account for the plan’s rules on forfeitures is essential.

