1. Dividing Employee and Employer Contributions
401(k) plans typically have two types of contributions: those made by the employee (the plan participant) and those made by the employer. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule. In the case of the Gemmy Industries Corp.. 401(k) Plan, it’s essential to request the Summary Plan Description (SPD) to determine which portions the alternate payee is eligible to receive. A well-drafted QDRO will ensure the order only includes vested portions of the account balance as of the date of division.

