Division of Employee and Employer Contributions
In a QDRO, it’s crucial to specify whether the alternate payee (usually the non-employee spouse) is receiving a portion of just the employee’s contributions or also receiving part of the employer contributions. The New Beginnings Commercial Resi 401(k) Profit Sharing Plan & Trust likely includes both, and employer contributions are usually subject to a vesting schedule.
If the employee spouse is not fully vested at the time the QDRO is drafted or submitted, the alternate payee may receive significantly less—or nothing—of the employer-funded portion, depending on how the order is worded.
We often recommend language that allows for “proportional allocation” based on what’s actually vested at the time of distribution.

