1. Employee vs. Employer Contributions
401(k) plans typically include both employee contributions (which are always 100% vested) and employer contributions, which may be subject to a vesting schedule. The Teamhealth 401(k) Plan is no exception. When preparing the QDRO, these differences must be clearly addressed:
- Only the vested portion of employer contributions can be split.
- Unvested employer contributions may be forfeited if the employee leaves before full vesting is met.
The QDRO should specifically state whether the alternate payee receives a share only of the vested balance or whether a delayed valuation date is used after the final vesting date.

