Employer Contributions and Vesting
An important feature of 401(k) plans like the Horizon Therapeutics Usa, Inc.. 401(k) Plan is that employer contributions may be subject to a vesting schedule. That means some of the matching funds may not belong to the participant yet.
In a QDRO, the alternate payee cannot receive a portion of the funds that are not vested as of the relevant date (usually the date of separation or divorce). It’s critical to determine:
- Which employer contributions were fully vested on the relevant date
- Whether the order should reference a specific percentage of the entire account or only the vested portion
Failing to account for vesting can create significant confusion—something we help clients address and clarify during the drafting process.

