1. Understanding Employee and Employer Contributions
401(k) plans often include both employee contributions (pre-tax or Roth) and employer contributions (such as matching funds or profit-sharing). Because employer contributions may be subject to vesting schedules, it’s critical for a QDRO to make these distinctions clear.
In drafting a QDRO for the Haverkamp Properties 401(k) Plan, confirm the following:
- What portion of the account is fully vested and eligible for division
- How employer contributions are handled if partially or fully unvested
- Whether the division includes future vesting, or only vested assets as of the date of divorce

