Employee vs. Employer Contributions
The Masterpeace Solutions 401(k) likely includes both employee contributions (which are 100% yours or your spouse’s) and employer contributions (which may be subject to a vesting schedule). One of the biggest mistakes we see in QDROs is failing to separate these two sources in the order. Employee contributions are usually fully divisible — no matter how long the person has worked at the company. Employer contributions, on the other hand, may only be partially vested.
Your QDRO should specify whether the alternate payee will share in only the vested portion of employer contributions or also share any non-vested amounts that later become vested. This is something you’ll negotiate in the divorce settlement and must be clearly stated in the QDRO.

