Employee and Employer Contributions
The Acd Direct Inc.. 401(k) Plan includes employee salary deferrals and employer contributions. These must be handled differently in a QDRO:
- Employee Contributions: These are typically 100% vested and come directly from the participant’s paycheck. They’re usually allocated in full for the period covered by the marriage.
- Employer Contributions: These may be subject to a vesting schedule. It’s crucial to consider whether the employee was fully vested in the employer match at the time of separation or divorce.
A well-drafted QDRO will clarify that only vested employer contributions are allocated or may use language that adjusts the award based on future vesting.

