1. Contributions: Employee vs. Employer
When reviewing your or your spouse’s 401(k) account, check how much was contributed by the employee and how much by the employer. In many plans, employer contributions are subject to a vesting schedule. That means the employee may not be entitled to the full value of employer contributions unless they’ve met certain service requirements.
The QDRO needs to clearly explain whether the alternate payee is receiving a portion of only the vested balance, or potentially any non-vested balance too. But most plans—including likely the A-1 Sprinkler Co.., Inc.. 401(k) Retirement Plan—will not distribute unvested employer contributions until (or unless) they become vested. Be clear on what’s included in the division.

