1. Employee and Employer Contributions
This 401(k) plan likely includes contributions made by both the employee and Northstar chemical, Inc. In drafting your QDRO, it’s important to distinguish between:
- Employee contributions – these are always 100% vested and may be divided without restriction.
- Employer contributions – these may be subject to a vesting schedule. Unvested contributions at the time of divorce will likely be forfeited unless specifically provided for.
Be sure your QDRO specifies how to handle the division: whether it’s splitting the account equally or assigning a specific dollar amount or percentage as of a certain valuation date.

