Employee and Employer Contributions
401(k) accounts generally include both employee contributions (fully vested) and employer contributions (subject to vesting schedules). A QDRO must clearly state whether the alternate payee will receive any portion of the employer match and if it includes unvested amounts.
- If the participant hasn’t fully vested, any unvested employer contributions may be forfeited upon separation.
- PeacockQDROs recommends requesting a current vesting statement from the plan administrator during the QDRO drafting process.

