Employee vs. Employer Contributions
With most 401(k) plans, not all funds are treated the same. The Just Packaging, Inc.. 401(k) Plan may include:
- Employee Contributions: Fully vested and divisible.
- Employer Contributions: Often subject to a vesting schedule. Any unvested amounts may be forfeited if the employee leaves before full vesting.
When drafting a QDRO, it’s essential to identify how much of the employer contribution is vested as of the date of division. If the order mistakenly awards unvested amounts, it may result in underpayment or rejection by the plan administrator.

