1. Employee vs. Employer Contributions
In 401(k) plans, employee contributions are 100% vested immediately. However, employer contributions may be subject to a vesting schedule. You don’t want your QDRO awarding funds that the participant isn’t entitled to keep. For example, if the spouse only worked at Westbury Jeep Chrysler Dodge for a few years, they might not be fully vested in the employer contributions. Make sure your QDRO only includes the portion of the account that is vested as of the “date of division” (often the date of separation or divorce judgment).

