1. Employee vs. Employer Contributions
In most 401(k) plans, the total account consists of:
- Employee contributions (typically 100% vested immediately)
- Employer contributions (usually subject to a vesting schedule)
When dividing the Fls Connect 401(k) Plan, it’s essential to determine what portion of the account was earned during the marriage and what is vested. If the participant isn’t fully vested in the employer contributions, the alternate payee may receive less. Unvested portions may be forfeited if the employee leaves the company before full vesting.
We always recommend including clear language in the QDRO to avoid disputes over vested vs. non-vested funds.

