1. Employee and Employer Contributions
401(k) accounts generally contain two types of contributions: those the employee (the plan participant) contributed, and any employer matching or profit-sharing contributions. A QDRO must clearly state what types of funds are being divided. Some QDROs provide for a flat dollar amount, while others assign a percentage of the total balance as of a specific date (commonly the date of divorce).
For the Kentucky Medical Services Foundation, Inc.. 401(k) Retirement Plan, it is critical to determine how employer matching contributions have vested based on the participant’s years of service. Only vested funds can be divided under a QDRO.

