Employee vs. Employer Contributions
401(k) plans like the Wespac Construction, Inc.. 401(k) Plan typically include both employee contributions (the amount directly withheld from wages) and employer matching or discretionary contributions. A QDRO can divide both, but here’s the catch: only vested employer contributions are actually available for division.
So if your spouse forfeits a portion due to not meeting the vesting requirements, those unvested contributions usually won’t be transferred under the QDRO. It’s essential to specify that the QDRO award is limited to the sum of vested benefits as of the division date.

