1. Employee and Employer Contributions
401(k) plans usually include both types of contributions. The employee portion is fully owned by the participant, but employer contributions often depend on a vesting schedule. In the College Fresh, Inc.. Retirement Savings Plan, the QDRO must clearly define that only the participant’s vested balance is eligible for division. If the participant hasn’t worked long enough to keep all employer contributions, the alternate payee won’t receive a portion of the unvested or forfeited funds.

