1. Employee and Employer Contributions
401(k) plans typically involve both employee deferrals and employer matches or profit-sharing. The QDRO should specify whether the alternate payee (typically the ex-spouse) is receiving a portion of all balances, including employer contributions, or just a share of employee-deferral contributions.
Whether the employer contributions are divisible depends on the vesting schedule. If part of those contributions isn’t vested, the ex-spouse can’t receive them. In the case of the Authorized Acquisitions, LLC 401(k) Plan, it’s critical to check with the plan administrator to find out the participant’s vesting status as of the divorce date (or another relevant date you agree to in settlement).

