Employee vs. Employer Contributions
Employee contributions (those deducted from the participant’s paycheck) are typically 100% vested right away and are generally easy to divide. However, employer contributions may be subject to a vesting schedule, which means a portion may be forfeited if the participant hasn’t worked a certain number of years.
Your QDRO should clearly address whether the alternate payee receives only vested funds as of the date of divorce or a portion of future vesting. The plan administrator for the The Doctors Clinic, a P. C. 401(k) Profit Sharing Plan will adhere strictly to the Plan Document, so careful drafting matters.

