Employee and Employer Contributions
Most 401(k) plans include both the participant’s own salary deferrals and employer matching contributions. While employee deferrals are always fully vested, employer contributions may come with a vesting schedule. In the Kennebec Savings Bank 401(k) Savings Plan and Trust, any unvested employer contributions at the time of divorce may be forfeited by the participant—and therefore unavailable to the alternate payee.
When drafting the QDRO, make sure the division is based only on the vested account balance, or clearly separate vested and unvested funds with clear language about how to treat forfeited amounts.

