1. Employee vs. Employer Contributions
The Greenheck Fan Corporation (f/k/a Metal Industries) 401(k) Savings Plan likely includes both employee contributions (from the participant’s paycheck) and employer matching contributions. These two sets of funds are treated differently under a QDRO:
- Employee contributions are always 100% vested and available for division.
- Employer contributions are subject to a vesting schedule, which must be verified before dividing the plan.
Make sure your QDRO language distinguishes between vested and unvested balances. We often include language to ensure forfeited employer contributions do not trigger unnecessary conflict or confusion.

