1. Employee vs. Employer Contributions
QDROs must distinguish between what the participant has contributed (employee contributions) and what Freedom trailers, LLC 401(k) plan has added (employer contributions). In many cases, only a portion of employer contributions are vested at the time of divorce. Unvested funds may be forfeited if the participant leaves the company. The QDRO needs to clearly state how to deal with these amounts.
At PeacockQDROs, we consider whether the alternate payee’s share includes only vested amounts or also provides for future vesting events. That decision can significantly affect the alternate payee’s payout.

