Employee and Employer Contributions
One of the most common mistakes in QDROs is failing to address employer contributions. In many business-sponsored 401(k) plans like the Capital Printing 401(k) Plan, employer contributions are subject to vesting schedules. This means if your divorce occurs before full vesting, the unvested portion may be forfeited, and the alternate payee would not be entitled to that amount.
- Make sure the QDRO clearly separates employee and employer contributions.
- State whether the division includes only vested employer contributions or also tracks future vesting.

