1. Employee vs. Employer Contributions
QDROs must specify whether to divide only the employee’s contributions or also any employer matching or profit-sharing contributions. In most cases, plans like the Admail West, Inc.. 401(k) Plan include employer contributions, but they are often subject to a vesting schedule.
If a participant has only partially vested employer contributions, the alternate payee (usually the former spouse) may only be entitled to the vested portion as of the division date. It’s critical to get accurate vesting data from the plan administrator before drafting the order.

