Employee and Employer Contributions
The First Course Delivery LLC 401(k) Plan likely includes both employee salary deferrals and employer contributions—these are usually subject to vesting. When drafting your QDRO, it’s critical to identify:
- Whether the alternate payee is receiving just the employee-contributed portion
- If the employer match or profit-sharing is included
- What portion of employer contributions are vested as of the cutoff date
Unvested employer contributions are typically forfeited and cannot be awarded to an ex-spouse. A well-drafted QDRO must reflect the participant’s vesting status on the date of division.

