Employee vs. Employer Contributions
When splitting any 401(k) plan, it’s important to identify which parts of the account are from employee deferrals and which come from employer contributions. Many employer contributions are subject to a vesting schedule. That means the full amount may not be available to split unless the employee has worked a certain number of years.
If the participant in the Wintergreen Property Owners Association 401(k) Plan is not fully vested, the QDRO must account for the possibility of forfeiture. We often include provisions that award the alternate payee a share only of the vested balance as of the division date, or that specify what happens if forfeitures are reversed later.

