Dividing Employee and Employer Contributions
401(k) accounts typically contain both employee contributions (which are immediately vested) and employer contributions (which may vest over time). In the Liftex Corporation 401(k) Profit Sharing Plan, it’s essential to request a breakdown of these contributions from the plan administrator. This allows the QDRO to specify whether the alternate payee will receive a share of just the vested balance or include future vesting of employer-paid amounts accrued during the marriage.
A few practical options in QDRO drafting include:
- Stating allocation as a percentage of only the “marital portion”
- Defining the cut-off date (usually date of separation or divorce filing)
- Clarifying inclusion or exclusion of after-tax or Roth contributions

