1. Dividing Employee and Employer Contributions
In 401(k) plans like the Northwest Pathology 401(k) Plan, both employee deferrals and employer contributions may be included in the account balance. However, employer contributions often follow a vesting schedule. If the participant is not fully vested, the alternate payee (usually the ex-spouse) may not be entitled to the full balance shown on account statements.
This is one of the biggest pitfalls in QDRO drafting. We always verify the vested amounts and address any unvested contributions to make the order enforceable and accurate.

