Employer Contributions and Vesting
One of the critical features to understand in 401(k) plans—especially in the Ats Construction 401(k) Retirement Plan—relates to employer contributions and the associated vesting schedule. Only vested employer contributions can be distributed through a QDRO. If the participant isn’t fully vested at the time of divorce or account division, some benefits may be forfeited.
This means your QDRO needs to clearly indicate whether the division includes only vested funds or provisionally includes currently unvested amounts that may later vest. Failing to clarify this can lead to disputes or rejected orders from the plan administrator.

