Employee and Employer Contributions
The Forus 401(k) likely includes both employee (your own) and employer (company) contributions. While employee dollars are immediately yours, employer contributions often come with a vesting schedule. If portions of those employer contributions aren’t vested by the time of divorce, they don’t count toward the marital share.
We typically include language in the QDRO that either:
- Limits the alternate payee’s share to vested benefits only, or
- Allocates based on future vesting, depending on what the parties agree during the divorce

