1. Dividing Employee and Employer Contributions
401(k) accounts usually hold both employee deferrals and employer matching contributions. In the Juki Retirement Plan, both may be available for division—depending on the vesting status at the date of divorce. It’s crucial to distinguish between vested and non-vested amounts, as only vested amounts can be assigned in a QDRO.
For example, if the participant isn’t fully vested, the employer’s contributions may still be partially forfeitable. A good QDRO should clarify whether the alternate payee is to receive only the vested portion as of the cutoff date (typically the date of marital separation or divorce).

