Employee and Employer Contributions
In a 401(k) like the Weir’s Retirement Plan, both the employee and employer may make contributions. In divorce, the QDRO can include:
- The employee’s contributions (always 100% vested)
- Employer contributions (which may be subject to a vesting schedule)
If you’re the alternate payee, make sure your attorney verifies what portions are vested and what might be forfeitable. Anything not yet vested at the time of division could be lost if the employee leaves the company before hitting certain service milestones.

