1. Employee vs. Employer Contributions
Both employees and employers can contribute to a 401(k), and contributions may not be immediately vested. Your QDRO must clearly state whether it divides:
- Only the employee’s contributions
- Employer match contributions (vested or total)
- Investment earnings/losses tied to both sides
For Laerdal’s plan, this distinction is critical. If the employer contributions are not fully vested at the time of division, the alternate payee could lose a portion of the award unless you properly account for it with a clause that adjusts for any forfeited amounts.

