Employee vs. Employer Contributions
A major consideration is whether the QDRO will divide only the employee’s contributions or include vested employer contributions as well. Many 401(k) plans include matching contributions or profit-sharing by the employer. In the Mj Insurance, Inc.. 401(k) Plan, these employer contributions may be subject to a vesting schedule. If the employee spouse isn’t vested in some or all of those contributions, the alternate payee (non-employee spouse) may not be entitled to them.

