Employee vs. Employer Contributions
With 401(k) plans like the Ipm Foods 401(k) Plan, both the employee and employer may contribute. A QDRO should clearly specify whether the division applies to:
- Just the employee’s contributions
- Both employee and employer contributions
- Only vested portions of the account
It’s common in divorces to divide only the vested employer contributions, unless the QDRO is written to include unvested amounts that may vest after the divorce based on continued employment.
Vesting and Forfeited Amounts
Most 401(k)s in the private sector, including those in general business like the Ipm Foods 401(k) Plan, have vesting schedules for employer contributions. This means that if the employee leaves the job before hitting certain service milestones, part of the match may be forfeited.
When drafting your QDRO, it’s crucial to clarify whether the Alternate Payee receives only the vested portion at the time of divorce—or if they are entitled to amounts that vest later (known as “coverture fraction” methods). Be specific to avoid disputes or rejections.