Employee vs. Employer Contributions
In most 401(k) plans, the account includes both employee salary deferrals and employer matching contributions. However, employers often impose a vesting schedule on their contributions. If the participant spouse isn’t fully vested at the time of divorce, the unvested employer funds may eventually be forfeited if the employee leaves the company prematurely. A QDRO for the Rvb + a 401(k) Plan must consider:
- What portion of the employer contributions are vested now
- Whether the order should include a share of future vesting (some plans disallow this)
- How to handle potential forfeitures

