Employee and Employer Contributions
With the Center for Family Resources in 401(k) Profit Sharing Plan & Trust, participants may have both employee contributions (which are always 100% theirs) and employer contributions (which may be subject to a vesting schedule). The QDRO should clearly spell out whether the alternate payee is receiving a share of the total account or just the vested portion as of a specific cutoff date. If employer contributions are unvested at the time of divorce, those may be lost unless additional language provides for post-divorce vesting rights.

