Division of Employee and Employer Contributions
Employee contributions are always 100% vested—these funds belong to the plan participant outright. However, employer contributions may be subject to a vesting schedule. If the participant hasn’t worked at Vrg LLC long enough, they may not be entitled to keep some or all employer contributions.
In a divorce, you can only divide what’s actually vested. It’s critical that the QDRO clearly states that only vested balances are to be divided if that’s the goal—or, if a fixed percentage of the total account is awarded, that the parties understand what that could result in.
We make sure to insert language that protects the alternate payee from unintended forfeitures when applicable.

