Handling Employee vs. Employer Contributions
401(k) plans commonly consist of employee salary deferrals and employer contributions. The employee contributions are usually 100% vested from day one, while the employer’s matching or discretionary contributions may be subject to a vesting schedule.
If the participant spouse (called the “plan participant”) hasn’t worked with Tclad Inc.. 401(k) plan long enough, their employer contributions may not be fully vested. The QDRO should clarify whether the alternate payee (usually the ex-spouse) is awarded “only vested benefits as of the date of division” or a proportional share of future vesting. Most plans only allow division of what is vested as of the division date, but it depends on the language you include. We can help you make the best strategic decision.

