1. Employee Contributions vs. Employer Contributions
401(k) plans like the Lockhart Trust 401(k) Plan are funded through both employee deferrals and matching or discretionary employer contributions. It’s essential that the QDRO clearly outlines whether the alternate payee is receiving a percentage of just the participant’s contributions, or the entire vested account—including employer contributions.
Make sure to determine:
- The vesting schedule for employer contributions
- How much, if any, is unvested at the time of divorce
- The acceptable distribution timing for the alternate payee

