1. Contributions: Employee vs. Employer
Since the Ocab, Inc.. Community Action Agency Tsa Plan is a 401(k), it likely includes both employee contributions and employer matching or discretionary contributions. While employee contributions are always 100% vested, employer contributions may be subject to a vesting schedule.
The QDRO should specify whether the alternate payee is entitled to only the vested portion of employer contributions as of the date of divorce or if they share future vesting. Most plans limit QDRO divisions to vested amounts, so it’s important to request a vesting statement from the plan administrator before drafting.

