1. Participant and Employer Contributions
401(k) plans like The Contractors Retirement Plan often include both employee deferrals and employer contributions. It’s important to understand:
- Employee contributions are usually 100% vested immediately.
- Employer contributions often follow a vesting schedule—meaning they become the participant’s property only after a certain number of years of service.
In a QDRO, we must clearly separate the vested portion (what’s actually available) from the unvested portion (which may be forfeited upon job termination). If there are unvested balances, those should not be awarded to the former spouse unless and until they become vested.

