Employee and Employer Contributions
401(k) plans usually contain both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). The QDRO must clarify whether the division applies only to vested funds or includes a portion of future vesting as well. For the Arjo Inc.. 401(k) Plan, it’s important to receive the Summary Plan Description (SPD) or contact the plan administrator to determine the exact vesting rules.
Be sure your QDRO clearly states:
- The percentage or dollar amount to be awarded
- The cutoff or valuation date (often the date of separation or divorce)
- That the division applies only to vested amounts, unless otherwise negotiated

