1. Dividing Employer and Employee Contributions
The Christian Home Services, Inc.. 401(k) Plan may hold both employee contributions (like salary deferrals) and employer matches. But not all employer contributions will be available—some may not have vested yet.
When drafting the QDRO, make sure to:
- State whether the former spouse is receiving a percentage of the account balance as of the division date, or a flat dollar amount
- Clarify whether the award includes or excludes unvested employer contributions
- Explicitly mention gains and losses from the division date to the distribution date

