Employee vs. Employer Contributions
One common mistake in dividing 401(k) plans like the National Food Group, Inc.. 401(k) Plan is failing to separate employee contributions from employer contributions. Most QDROs we draft for this type of plan refer to “the marital portion” or a specific percentage of the account as of a certain date (often the date of separation).
However, employer contributions often come with vesting rules. Only those vested amounts can be split. Any unvested portion as of the QDRO date might be forfeited later, meaning your alternate payee may not receive the full expected amount unless it’s handled carefully in the language of the order.

