1. Employee and Employer Contributions
In most 401(k) accounts, including the Birmingham Zoo, Inc.. 401(k) Plan, both the employee and the employer may contribute to the account. The QDRO must spell out whether only employee contributions—or both employee and employer contributions—are to be divided.
Here’s where it gets tricky: employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested in those contributions at the time of divorce, the alternate payee may not be entitled to any portion of those funds. A good QDRO clarifies whether only the vested balance is being split or if it includes future vesting, if applicable.

