Employee vs. Employer Contributions
One of the most common mistakes in a 401(k) QDRO is failing to distinguish between contributions made by the employee and those made by the employer. In the Sbera 401(k) Plan as Adopted by Northeast Retirement Services LLC, it’s likely that both types are present.
Employer contributions may be subject to a vesting schedule. That means the participant might not own part (or all) of the employer match unless a certain number of years has been worked. Your QDRO needs to either:
- Exclude unvested amounts, or
- Include language that allows the alternate payee to receive any vested portion that exists at the time of dissolution (or at a specific date)
Failing to define this clearly can result in underpayment or confusion when the order is processed.

