1. Employee vs. Employer Contributions
The employee contributions to the Gdt Framing Inc. 401(k) Profit Sharing Plan & Trust are always 100% vested and divisible. That’s the easy part. But the employer’s matching or profit-sharing contributions might be subject to a vesting schedule. If the participant hasn’t met the vesting terms before the divorce date, a portion of the employer money could be forfeited in the future—meaning the alternate payee wouldn’t receive any part of that unvested amount.
To avoid unfair results, your QDRO should clearly state one of the following:
- Only transfer vested amounts, or
- Transfer both vested and unvested with the understanding that any future forfeiture will proportionally impact the alternate payee’s share

