Employee vs. Employer Contributions
The Contract Callers, Inc.. 401(k) Plan likely includes both pre-tax employee contributions and employer matching funds. The QDRO should clearly specify which funds are being divided. In most cases, an alternate payee can receive a portion of the participant’s total vested account balance as of a particular date (usually the date of separation or divorce).
If the employer contributions are subject to a vesting schedule and the employee has not met that schedule, those funds may not be available for division. This distinction must be clearly addressed to avoid disputes or revision requests from the plan administrator.

