Employee and Employer Contributions
The Preferred Dermatology Partners 401(k) Plan likely includes both employee and employer contributions. Employee contributions (including traditional pre-tax or Roth after-tax dollars) are always 100% vested right away. Employer contributions, however, may be subject to a vesting schedule. This means:
- Only the vested portion of employer contributions can be divided in a QDRO.
- Unvested amounts may be forfeited if the employee terminates employment before meeting certain service requirements.
- The QDRO must clearly state whether employer contributions are included and how vesting will be handled.
During the QDRO drafting process, we’ll gather plan documents to determine whether a vesting schedule applies and calculate what is available to divide.

