1. Dividing Employee and Employer Contributions
In a 401(k) like the Auto Plaza Group, LLC 401(k) Plan, there are two main sources of funds: employee contributions (what the participant puts in) and employer contributions (what the business adds). A good QDRO must address how both types of contributions are divided.
Employer contributions may be subject to a vesting schedule. That means the participant may not be entitled to all employer-added amounts if they don’t meet certain service requirements. If you’re the non-employee spouse (called the “alternate payee”), you won’t receive a share of unvested benefits unless the participant later becomes vested. We often draft QDROs that specify how to handle post-divorce vesting.

