Dividing Employee and Employer Contributions
The first issue in any QDRO is deciding what portion of the 401(k) will go to the alternate payee. For the Flywheel Digital LLC 401(k) Plan, both employee deferrals and employer matching contributions may be part of the account. However, many employer contributions follow a vesting schedule, so not all of them may be eligible for division.
When structuring your QDRO, it’s essential to clarify:
- Whether the alternate payee receives a fixed dollar amount or a percentage of the account
- If the percentage is calculated as of a specific date (e.g., date of separation or divorce filing)
- Whether it includes only vested balances or both vested and unvested shares

