1. Employee and Employer Contribution Divisions
401(k) plans typically include both employee salary deferrals and employer contributions. The QDRO can award a portion of the total account to the alternate payee. However, if employer contributions are subject to a vesting schedule, that’s where it gets complicated. Only the vested portion of the employer contributions is typically subject to division.
We always look at recent plan statements and the participant’s vesting status to determine what portion is eligible for split. If the divorce happens before the participant is fully vested, the alternate payee may receive less.

