Employee and Employer Contributions
401(k) plans typically involve both employee deferrals and employer contributions. The QDRO should clearly specify whether it divides:
- The total account balance as of a particular date
- Only the marital portion using a coverture formula
- Only vested amounts
In the Garg Consulting Services, Inc.. 401(k) Plan, the employer contributions may be subject to a vesting schedule. If part of the employer’s match isn’t yet vested, the alternate payee may not be entitled to that portion. Make sure that’s addressed in your order.

