1. Employee and Employer Contributions
401(k) plans often contain multiple segments: employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). When dividing the Morrison Industries, LLC 401(k) Plan, it’s important to determine:
- What portion of the account consists of employer contributions
- Whether those contributions are fully or partially vested
- How unvested amounts will be treated if the employee leaves before fully vesting
We recommend including language in the QDRO that addresses possible forfeitures of the alternate payee’s award if the participant leaves prior to full vesting.

