1. Employer Contributions and Vesting
401(k) plans often include both employee and employer contributions. Employer contributions may be subject to a vesting schedule, meaning not all of it is guaranteed if the employee separates before a certain number of years.
In drafting a QDRO for the Sh Franchising, LLC 401(k) Plan, it’s critical to understand which portions of the account are vested. Unvested contributions typically aren’t divisible. Make sure your attorney or QDRO preparer verifies the vesting schedule with the plan administrator so the alternate payee doesn’t expect assets that ultimately aren’t there.

