Splitting Employee and Employer Contributions
Dividing contributions in a 401(k) plan is more complex than simply stating a 50/50 split. Employee contributions are usually fully vested, meaning they belong completely to the participant. But employer contributions could be subject to a vesting schedule. If a participant is not fully vested at the time of separation or QDRO submission, the alternate payee’s share may be reduced.
In the Avenues to Independent Living 401(k) Ps Plan and Trust, we recommend requesting a copy of the participant’s vesting schedule and contribution report when preparing the QDRO. This avoids unexpected shortfalls when the alternate payee receives their share.

