Employee and Employer Contributions
One of the first things to determine is whether your QDRO applies solely to employee contributions, includes employer matching contributions, or both. In many 401(k) plans—including the Health Services Consultants, Inc.. 401(k) Plan—employer contributions are subject to a vesting schedule.
If some or all of the employer’s matching funds aren’t yet vested at the time of divorce or QDRO filing, those funds could be forfeited unless the plan participant stays employed for a certain period. It’s critical to confirm with the plan administrator what portion of the total account is actually vested and eligible for division.

