1. Employee and Employer Contributions
The money in a 401(k) often comes from two sources: the employee’s own salary deferrals and any matching or profit-sharing contributions by the employer. When drafting a QDRO for the Lost Valley 401(k) Plan, you need to be clear about:
- Whether you are dividing the account by a percentage or fixed dollar amount
- Whether the order includes gains and losses to keep the division fair over time
- Whether the order includes only vested employer contributions or all contributions, including unvested ones
Getting these distinctions wrong can end with one party receiving less than intended—or even nothing at all.

