1. Contributions: Employee and Employer
Most 401(k) plans like the White’s Tractor & Truck 401(k) Retirement Plan include both employee (participant) contributions and employer contributions. Determining what portion of those funds were earned during the marriage is crucial. A well-drafted QDRO can distinguish between marital and separate property, and allocate only the marital portion to the alternate payee.
Employer contributions may be subject to a vesting schedule (see below), so it is vital to know how vested balances will be addressed in your agreement.

