Employer and Employee Contribution Division
Most 401(k) plans include both pre-tax employee contributions and employer matching or profit-sharing contributions. In many plans, employer contributions are subject to a vesting schedule. That means unvested amounts could be forfeited if the participant leaves the company or the QDRO assigns benefits before full vesting.
When drafting a QDRO for the Advanced Therapy Solutions 401(k) Plan, it’s essential to clarify:
- Whether the employer contributions will be included
- What portion is vested as of the valuation date
- How any forfeited amounts will be handled
If the alternate payee is awarded a percentage of the total balance as of a specific date, we’ll need to determine which amounts were actually available to divide.

