1. Employee vs. Employer Contributions
Employees fund their 401(k) accounts through salary deferrals. These are always 100% vested. However, employer contributions—such as profit-sharing or match contributions—may be subject to a vesting schedule. Only the vested portion of the account can typically be divided in a QDRO.
When drafting a QDRO for The Fidelity National Financial Group 401(k) Profit Sharing Plan, it’s important to determine:
- How much of the employer-contributed funds are vested as of the “valuation date” (often the divorce or separation date)
- Whether the alternate payee will receive a fixed dollar amount or a percentage of the account

