Employee and Employer Contributions
One critical issue in dividing a 401(k) like the Paramount Hotels 401(k) Plan is distinguishing between employee contributions, which are always fully vested, and employer contributions, which may be subject to a vesting schedule. If the employee spouse isn’t yet fully vested, the alternate payee may receive less than expected.
During QDRO preparation, the order should specifically limit the award to the vested balance as of the date of division. If not, the alternate payee could inadvertently be awarded amounts that were never fully owned by the employee participant.

