Employee and Employer Contributions
Not all funds in the account may belong solely to the employee. Many 401(k) plans include employer contributions that may be subject to a vesting schedule. If the participant is not fully vested at the time of divorce, any unvested employer funds may not be transferable to the alternate payee. It’s crucial to confirm:
- What percentage of the employer contributions are vested
- The vesting schedule used by the Beach Timber Company, Inc.. 401(k) Profit Sharing Plan
- Whether employer contributions are included in the marital estate
If there are unvested amounts, the QDRO can be drafted to award a percentage of all vested and unvested contributions as they vest, or to only divide what’s currently vested. Your attorney or QDRO expert should help you decide the right approach.

