Employee vs. Employer Contributions
401(k) balances typically contain two primary sources: contributions made by the employee, and those made by the employer. In the Golden Vision Senior Living 401(k) Plan, employer contributions may be subject to a vesting schedule. This means only a portion of those employer contributions may be “owned” by the employee at the time of divorce. Any unvested amounts will usually be forfeited and are not available for division under a QDRO.
When drafting a QDRO, it’s crucial to clarify whether the Alternate Payee is to receive a percentage of just the vested balance or the total accrued balance, and whether the valuation date is the date of separation, divorce filing, or plan division.

