Employee and Employer Contributions
Most 401(k) plans—including this one—contain both employee deferrals and employer contributions. Contributions made by the employee are always 100% vested, so they can be divided without issue. However, employer contributions are often subject to a vesting schedule, especially in corporate plans like the Concord Environmental Energy, Inc.. 401(k) Plan.
If a participant hasn’t worked long enough to be fully vested, a portion of the employer match could be forfeited post-divorce. It’s critical that the QDRO specify how to handle this—for instance, whether the alternate payee’s share is adjusted pro-rata if unvested amounts are later forfeited.

