Employee vs. Employer Contributions
In most 401(k) plans, the participant contributes a percentage of their income, and the employer may match a portion. It’s important to note if the Aquila Lodging, LLC 401(k) Plan includes employer contributions, and whether those are subject to a vesting schedule. The QDRO can only divide portions that are vested as of the date of division or cutoff identified in the order.
Any unvested employer contributions may be forfeited when the employee separates from service, and the alternate payee can’t receive them unless they become vested first. Be sure you or your attorney confirms what contributions were vested at the time of divorce.

