1. Dividing Employee and Employer Contributions
While employee contributions are often fully vested immediately, employer contributions are often subject to a vesting schedule. That’s especially important to watch in cases like the Community Health Systems, Inc.. 401(k) Plan, where employer matches may be linked to years of service. When drafting the QDRO, we recommend clearly stating whether:
- Only vested employer contributions are to be divided;
- Non-vested amounts should be included but paid if or when they vest; or
- Only employee contributions and earnings are divided.
Failing to address this can result in disputes or delays if the alternate payee expects more than what is actually available at the time of the division.

