1. Contribution Types Matter: Employee vs. Employer
In many 401(k) plans, employees contribute through payroll deduction, and employers often match a portion. In the Allen Communication Learning Services, Inc.. 401(k) Plan, it’s possible that both sources of contributions are present. The QDRO can be written to include:
- Only employee contributions and earnings
- Both employee and vested employer contributions and earnings
Make sure to define whether unvested employer contributions are excluded. Unvested funds are typically forfeited when employment ends unless otherwise stated in the plan.

