1. Employee vs. Employer Contributions
Most 401(k) accounts include both employee and employer contributions. In the Sundance Chevrolet 401(k) Plan, whether employer contributions are divisible depends on if they are vested. If you’re dividing this plan in divorce, make sure your QDRO specifies:
- Whether the alternate payee is receiving a portion of only the vested balance or future vesting as well
- If unvested employer contributions at the time of divorce will be included if they later vest
Many QDROs fail to address this, which can lead to confusion and, worse, forfeited benefits. Let’s get it right from the start.

