1. Employee and Employer Contributions
401(k) plans typically include both employee salary deferrals and employer matching or profit-sharing contributions. These contributions need to be clearly addressed in the QDRO. For the Muck Rack 401(k) Plan, employer contributions may be subject to vesting schedules that impact whether they’re available for division.
In most divorces, the QDRO covers only the vested portion of employer contributions. We’ll determine what was vested on the cutoff date (e.g., date of separation or date of judgment) and note that in the order.

