Employee and Employer Contribution Splitting
In QDROs for the Gotham Logistics LLC 401(k) Plan, you can typically divide the account by a flat dollar amount or percentage as of a certain valuation date. However, it’s crucial to determine whether employer contributions are included in the division—and whether the employee was fully vested in those amounts at the time of divorce.
If any employer contributions were not yet vested, the QDRO should clearly state that unvested amounts are excluded from division. Otherwise, the alternate payee may be allocated funds they can never actually receive.

