1. Division of Employee & Employer Contributions
401(k) accounts like the one offered by Datastaff Inc. usually consist of two main types of funds: employee contributions (which are always 100% vested by law) and employer contributions (which may be subject to a vesting schedule). Your QDRO should clearly separate these and explain:
- How much of the employee contributions should go to the alternate payee
- Whether the alternate payee will receive any vested employer contributions
- How to handle forfeited, non-vested amounts
For example, if the plan includes a 6-year graded vesting schedule, only the vested portion of employer contributions can be awarded under the QDRO. Be precise—many QDROs fail because they don’t clarify these distinctions.

