1. Employee and Employer Contributions
The Sundaes International 401(k) Plan includes both employee deferrals and likely employer matching contributions. A QDRO can divide just the employee contributions, just the employer contributions, or both. This needs to be spelled out carefully in the order.
It’s also important to understand how much of the employer match is vested. In many General Business employer plans like this, vesting occurs over a 3, 5, or even 6-year schedule. Unvested amounts are typically forfeited if the employee leaves the company early and are not divisible in a QDRO. We ensure our QDROs account for this nuance so you aren’t calculating a share of money that doesn’t exist.

