Division of Employee and Employer Contributions
One of the first things we evaluate for a QDRO is whether the account includes both employee and employer contributions. For the Grain Craft 401(k) Plan, employer match contributions may be subject to vesting schedules. If the plan participant isn’t fully vested at the time of divorce, a portion of the employer contributions could be forfeited and would not be subject to division in the QDRO.
As a result, it’s important to confirm both the participant’s current total account balance and their vested balance. Some QDROs are drafted to include only the vested portion, while others include a mechanism for post-dated division once vesting occurs.

