1. Dividing Contributions
The Rxp Agency, LLC 401(k) Plan likely allows both employee and employer contributions. Only vested employer contributions can be divided. This makes understanding the vesting schedule critical. If some employer contributions are not yet vested as of the date of divorce or QDRO, those amounts may not be allocated to the alternate payee.
When drafting your QDRO, be specific about which contributions are being divided:
- Employee Pre-tax Contributions
- Employer Matching or Profit-Sharing Contributions
- Roth 401(k) Contributions—these are treated very differently

