1. Know What You’re Dividing
When preparing a QDRO for the Jmr Concessions LLC 401(k) Plan, you need to distinguish between:
- Employee contributions: These are almost always 100% vested and easiest to divide.
- Employer contributions: May be subject to a vesting schedule. Unvested contributions go back to the plan sponsor, not to either spouse.
- Roth vs. traditional subaccounts: The plan may maintain separate accounts based on tax treatment, which should be stated clearly in the QDRO to preserve tax status for the receiving party.
Getting exact dollar balances as of a specific date (normally the date of separation or divorce judgment) helps avoid future disputes. Request a recent account statement from the participant spouse or a participant authorization form to get an official balance directly from the plan administrator.

