1. Employee and Employer Contributions
Your QDRO must clearly define what portion of the account is subject to division. Does the alternate payee get half of the total account balance as of the divorce date, or only the vested portion? In 401(k)s like the Zhiya Inc. 401(k) Plan, this is especially important because:
- Employee contributions are always 100% vested
- Employer contributions may be subject to a vesting schedule
If the employee hasn’t completed the required service time, some employer-matched funds may be forfeitable. Your QDRO must clarify if the alternate payee will share in only vested contributions or if possible future vesting is also considered.

