1. Contributions: Employee vs. Employer
401(k) accounts typically include both employee-earned and employer-contributed funds. When drafting a QDRO for the Charles Gabus Ford, Inc.. 401(k) Plan, it matters how these contributions are divided.
- Employee contributions are immediately vested and divisible.
- Employer matching contributions often follow a vesting schedule, which determines how much of the employer funds are considered ‘earned.’
If the employee wasn’t fully vested at the time of the divorce, the alternate payee may only be entitled to a portion of the employer-funded balance—or none at all.

