1. Employee and Employer Contributions
In a 401(k) plan like the Fulford Homes, LLC 401(k) Retirement Plan, both the employee and employer can contribute. QDROs frequently award a share of the total vested account balance based on marital coverture—i.e., what was earned during the marriage. That means you need to confirm:
- Did the participant contribute before the marriage, after the separation?
- What portion of the employer contributions are vested?
- Will the alternate payee receive future gains or losses on their award?
Make sure the QDRO specifies valuation dates and includes or excludes post-valuation market fluctuations. Failing to do so is one of themost common mistakes we see in QDROs.

