1. Contributions and Vesting
401(k) plans are typically funded by both employee deferrals and employer contributions. However, employer contributions often have a vesting schedule. In the J3 Company 401(k) Plan, if a participant hasn’t met the vesting requirements, some or all of the employer contributions may be forfeited upon termination or divorce. That means the alternate payee (the ex-spouse) can only receive a portion of the benefits the participant is entitled to keep.
In a QDRO, we can structure the division to apply only to vested amounts. Or, if the couple prefers, we can include a statement awarding a percentage of employer contributions, but make it subject to the plan’s eventual vesting.

