1. Employee and Employer Contributions
In a typical 401(k) plan like the The Board of Trustees of the Ironworkers 568 Retirement Plan, participants often receive both employee deferrals and employer matching contributions. Here’s where it gets tricky: employer contributions may be subject to a vesting schedule. If you’re dividing the account, it’s important to determine:
- Which contributions are fully vested
- Whether unvested employer funds should be included or excluded
- If future vesting of employer contributions will affect division
The QDRO should clearly spell out whether the alternate payee shares in vested-only contributions or also receives any portion of future vesting (generally not advisable unless negotiated).

