1. Employee vs. Employer Contributions
Most 401(k) plans consist of employee deferrals and employer contributions. When dividing the Howard County Children’s Center 401(k) through a QDRO, it’s important to clearly state how both types of contributions are to be split. Often, employer contributions are subject to vesting schedules. An alternate payee is typically only entitled to the vested portion as of the date of division or the date of divorce.
If the employer contributions weren’t fully vested at the time of divorce, your QDRO must specify that only the vested portion should be allocated. Overlooking this can create major delays, or even an incorrect division later on.

