1. Employee and Employer Contributions
401(k) plans often include contributions made by both the employee and the employer. These dollar amounts may not all be fully vested. When drafting a QDRO for the Gold Wynn Asset Management LLC 401(k) Plan, it’s essential to determine:
- The marital portion of the employee’s contributions
- What percentage, if any, of employer contributions are vested
- Whether nonvested amounts should be included or excluded from division
This is especially important because unvested employer contributions may be forfeited after divorce if the participant leaves the company. The QDRO needs to address that possibility.

