1. Employee vs. Employer Contributions
401(k) accounts usually include both employee deferrals and employer matches. While employee contributions are always 100% vested, the employer match may be subject to a vesting schedule. If the participant isn’t fully vested at the time of divorce, the non-vested portion may be excluded from division—or could later be forfeited if the employee leaves the company.
When drafting a QDRO for the Propelsys Technologies LLC 401(k) Plan, make sure to:
- State whether the alternate payee is entitled to only the vested portion or future vested amounts
- Address how forfeited amounts will be handled (if applicable)
- Use clear valuation dates to lock in the division (e.g., date of divorce, date of separation)

