1. Employee and Employer Contributions
The Kdinfotech 401(k) Plan includes employee contributions (which are always vested) and employer contributions (which may have a vesting schedule). Only vested employer contributions can be divided under a QDRO, so determining the vesting status as of the division date is essential.
We often draft QDROs that award the alternate payee a percentage of the participant’s “total vested account balance” or, in some cases, only employee contributions, with or without investment gains or losses.

