1. Employee and Employer Contributions
Most 401(k) plans, including the Behold Washington 401(k) Plan, contain both employee contributions (money the participant directed from their paycheck) and employer contributions (matching or profit-sharing). These can be divided in a QDRO, but vesting plays a big role when it comes to the employer’s share.
If the participant is not fully vested, a portion of the employer’s contributions may not be available to divide. A QDRO must address how to handle forfeited amounts. You might need language to protect the alternate payee from receiving nothing if a pending vesting event doesn’t happen.

