1. Employee and Employer Contributions
When dividing a 401(k), it’s crucial to distinguish between what the employee contributed (usually 100% vested) and what the employer contributed (which may or may not be fully vested). The King Abdullah Academy 401(k) Plan likely includes both types of contributions, so the QDRO must specify how each portion is divided.
Important considerations:
- Any contributions made by the employee are typically considered marital property during the marriage.
- Employer contributions may be subject to a vesting schedule, which means the employee may not yet have full rights to all the money.
- The QDRO can be crafted to include only the vested portion or acknowledge possible future vesting.

