Employee Contributions vs. Employer Contributions
Like most 401(k) plans, the Delivery Concepts, Inc.. 401(k) Plan likely includes both employee salary deferrals and employer matching contributions. Here’s the important part: not all of the employer contributions may be vested at the time of divorce.
Your QDRO should clearly spell out whether your share includes:
- Only the vested portion of employer contributions
- Any part of the unvested balance (even if subject to forfeiture)
If your ex isn’t fully vested yet, those unvested funds could eventually be forfeited—meaning you wouldn’t get them even if the QDRO tries to award them to you. Avoid this trap by clarifying how forfeitures will be handled.

