1. Dividing Employer vs. Employee Contributions
Most 401(k) plans include both employee deferrals and employer contributions. Employer contributions often have a vesting schedule, which means they may not be fully owned by the participant at the time of divorce. The QDRO must address:
- Whether the alternate payee will receive a share of only vested funds
- What happens to any amounts that later become vested
- If only the employee/participant portion will be divided
Plans like the Monkey Mouths, LLC 401(k) Plan can have multiple sub-accounts, so be specific in defining what’s included.

