Employee and Employer Contributions
One of the most important issues in dividing a 401(k) like the United Association National Pension Fund 401(k) Plan is whether you’re splitting just the employee contributions or both employee and employer contributions. Often, employer contributions are subject to a vesting schedule. If the employee spouse isn’t fully vested, the non-employee spouse may only receive a portion of the account.
Your QDRO should clearly define:
- Whether the division is based on a dollar amount or a percentage
- The cutoff date for determining account value (known as the “valuation date” – often the date of separation or divorce filing)
- Whether unvested employer contributions are included or explicitly excluded

