Addressing Employee and Employer Contributions
Many people don’t realize that employer contributions may not be fully vested at the time of divorce. In a 401(k) plan like the J.d. Rush Company, Inc.. Retirement Savings Plan, it’s common for employer matching or profit-sharing contributions to vest over time. The QDRO must make clear whether the alternate payee is receiving a share of just the vested portion or if unvested employer contributions will be included as they vest, if allowed by the plan.

