1. Dividing Employee and Employer Contributions
In most cases, employee contributions are fully vested, meaning they can be divided without issue. However, if your spouse received employer contributions, those may be subject to a vesting schedule. Only the vested portion is available for division through a QDRO.
When drafting a QDRO for the Claxton Logistics Services, LLC 401(k) Plan, it’s important to describe whether the division includes:
- Only vested balances
- Future vesting events (some QDROs allow the alternate payee to receive future vested benefits earned during the marriage)

