Employee and Employer Contribution Division
The South Dakota Network, LLC 401(k) Plan likely includes both employee contributions and employer matching contributions. When drafting a QDRO, it’s important to specify whether both types of contributions should be divided, and if so, whether that division includes vested amounts only or attempts to split future vesting (which most plans do not permit).
Often, the alternate payee (typically the non-employee spouse) can only receive a share of the vested account balance as of the date of divorce or as designated in the QDRO. Contributions that are not yet vested as of the division date may be forfeited if the employee spouse leaves the company before completing the vesting schedule.

