Employee and Employer Contributions
401(k) plans like the Smith Thompson Retirement Plan typically include both employee and employer contributions. When dividing the account, both types of contributions can be included in the QDRO.
However, employer contributions are often subject to a vesting schedule. You might only be entitled to a portion of those contributions if your spouse wasn’t fully vested at the time of divorce. The QDRO must clearly state how vested and non-vested funds are treated. Unvested amounts typically revert to the participant if forfeited.

