Employee vs. Employer Contributions
401(k) plans typically include both employee deferrals and employer matches. Not all employer contributions are fully vested—especially in plans with a vesting schedule. When dividing the Eclipse Intermediate Holdings, LLC 401(k) Plan, the QDRO terms need to specify whether the alternate payee is receiving a share of:
- Total account balance (vested and non-vested)
- Only vested amounts as of the date of divorce or division
If the participant isn’t fully vested, any unvested portion may be forfeited in certain circumstances. It’s essential to review the latest account statement and, if needed, request plan documents that outline the vesting schedule.

