Employee and Employer Contributions
The Fels Retirement Plan, like many 401(k) plans, allows both employee and employer contributions. A common mistake is assuming the non-employee spouse (also called the “alternate payee”) is automatically entitled to half the total balance. But only vested portions of employer contributions can be divided by QDRO. Be sure your QDRO accounts for:
- Which contributions are employee-funded vs. employer-funded
- Vested vs. unvested employer contributions as of the divorce date
- How forfeited amounts (from unvested funds) are handled after plan review
We recommend working with a QDRO attorney who knows how to request proper documentation from the plan administrator, such as a distribution breakdown and vesting schedules.

