Employee vs. Employer Contributions
The American Coatings Association 401(k) Plan may include both employee and employer contributions. Typically, the employee’s contributions are fully vested. But employer contributions may be subject to a vesting schedule, meaning some of the funds might not yet belong to the employee (your spouse) and could be forfeited.
It’s crucial that your QDRO clearly states whether it applies only to vested balances or also includes future vesting. Some agreements are structured so the alternate payee (usually the former spouse) gets a percentage of what’s vested as of the divorce date, while others may allow for future vested amounts. Make sure your divorce judgment spells this out—then we’ll make sure the QDRO language is precise.

