Employee vs. Employer Contributions
The QDRO should clearly separate contributions made by the employee (participant) from those made by the employer. In most 401(k) plans—especially in corporate settings like this one—employer contributions may be subject to vesting schedules. Only vested amounts can legally be awarded to the alternate payee.
When preparing a QDRO for this plan, we always review the vesting schedule to make sure that the division does not incorrectly include unvested employer funds.

