Division of Employee and Employer Contributions
401(k) accounts often have two sources of funds: employee deferrals and employer matching contributions. The QDRO must clarify whether you’re dividing just the employee’s contributions or all employer contributions as well.
The tricky part? Employer contributions might not be fully vested. If your spouse has only been with Sequelae, Inc.. a short time, a portion of the employer match might still be unvested. Those unvested funds are typically forfeited if a divorce occurs before full vesting.
A good QDRO should account for this with language such as: “the alternate payee shall receive 50% of the vested account balance as of [date].” Vesting schedules vary by employer, so check with Sequelae, Inc.. or request a current statement to see vested and unvested balances separately.

