1. Employee and Employer Contributions
401(k) plans often consist of both employee deferrals (which are always 100% vested) and employer contributions, which may be subject to vesting schedules. In a divorce, unvested funds typically remain with the employee spouse. However, your QDRO should spell this out clearly.
When drafting a QDRO for this plan, we help determine:
- What portion of the employer contributions is vested
- Whether the alternate payee receives a percentage of the account balance or a fixed dollar amount
- Whether contributions made after separation should be included or excluded

