Employee and Employer Contributions
Most QDROs for 401(k) plans divide the account on a percentage basis as of a specified date—often the date of separation, divorce, or another agreed-upon valuation date.
With the Attorneys’ Liability Assurance Society Ltd.., a Risk Retention Group, 401(k) Savings Plan, employee contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule. If your spouse isn’t fully vested, part of the employer’s contributions may be forfeited depending on plan rules. The QDRO should clearly spell out whether you’re dividing vested balances only or including non-vested amounts pending future vesting.

