Employee and Employer Contributions
One of the most important aspects of 401(k) QDRO drafting is determining whether the division includes only employee contributions or both employee and employer contributions. In the Eisenhower Imaging Center LLC 401(k) Plan, contributions from both sides may be present and must be accounted for.
Typically, employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the unvested portion may not be marital property—or it might become property later depending on how the decree is written. These considerations need to be clearly spelled out in your QDRO.

