1. Division of Employee and Employer Contributions
Most 401(k) plans include a combination of employee contributions (which are always 100% vested) and employer matching contributions, which could be subject to a vesting schedule. In the case of the His House Children’s Home 401(k) Plan, it’s critical to determine whether any employer contributions are subject to a graded or cliff vesting schedule. The non-employee spouse should only expect to receive a share of what the employee is actually vested in as of the date of division.
If your order mistakenly assumes full ownership of unvested employer contributions, the plan administrator will reject the QDRO or reduce the alternate payee’s award without warning.

