Employee and Employer Contributions
With 401(k) plans like this one, the account typically contains both employee and employer contributions. Employee contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule. The QDRO should:
- Clearly specify whether the award includes only vested amounts or both vested and non-vested amounts as of a specific date.
- Designate an allocation method for employer contributions—i.e., whether the alternate payee receives a pro rata share or a flat dollar figure.

