Employee and Employer Contributions
The Vallen Distribution, Inc.. 401(k) Plan likely includes two types of contributions:
- Employee Deferrals: These are typically 100% vested and available for division.
- Employer Contributions: These may be subject to a vesting schedule. If the employee is not fully vested at the time of division, portions of the employer contributions may not be available to the alternate payee.
A well-drafted QDRO needs to account for whether the amount awarded to the alternate payee includes only vested funds or all funds regardless of vesting. We recommend clearly stating this point to avoid confusion or rejection by the plan administrator.

