1. Employee vs. Employer Contributions
401(k) plans typically consist of both employee contributions (which are always yours) and employer contributions (which may have vesting rules). When dividing the H.a. Thompson & Sons, Inc.. 401(k) P/s Plan, it’s critical to understand:
- Has the participant met the vesting schedule for employer contributions?
- Do unvested amounts get included or excluded from the QDRO award?
- Should the QDRO reference only the vested portion, or the full balance?
We can structure a QDRO to reflect only what’s currently vested, or design it so the alternate payee (usually the former spouse) receives their share as more funds become vested in the future.

