Employee and Employer Contributions
401(k) balances in the Energy North Retirement Plan may include the participant’s own contributions (always 100% vested) and employer contributions (which may be subject to a vesting schedule). The QDRO must specify whether it divides only the vested funds or also identifies unvested amounts that may vest in the future and become payable to the alternate payee.
It’s especially important to address:
- Whether the division is based on a percentage or a specific dollar amount
- The valuation date (e.g., date of separation, divorce date, or order date)
- How market gains and losses after the valuation date are handled

