1. Dividing Employee and Employer Contributions
In most 401(k) plans, both the employee and the employer contribute. A well-drafted QDRO must specify whether the division applies to:
- Just the participant’s contributions
- Employer-matching and discretionary contributions
- Gains and losses on the awarded amount
Employer contributions in the Palm Beach Tan Inc.. 401(k) Plan may be subject to a vesting schedule (typically spanning 3-6 years). If your spouse isn’t fully vested when you divide the account, you won’t receive the full employer match. Make sure the QDRO language tracks whether you’re dividing only the vested portion or accounting for future vesting.

