1. Contributions: Matching and Employee Deferrals
401(k) plans, such as the Colony Grill Development 401(k) Plan, usually include both employee deferrals and employer matching contributions. When drafting your QDRO, it’s critical to define whether you’re dividing only the employee’s contributions or also the employer’s share.
For example, a common approach is to award the alternate payee 50% of the participant’s account balance as of a certain date, adjusted for gains and losses. But if you don’t address employer contributions separately—and they are not yet vested—you could unintentionally allocate something the alternate payee may not receive.

