Dividing Employee and Employer Contributions
In most 401(k) plans, contributions are split into two main parts—the employee’s deferrals and the employer’s matching or discretionary contributions. Both portions can be divided between spouses, but employer contributions may be subject to vesting schedules. If the participant is not fully vested, a portion of the employer contributions might be forfeited.
When drafting a QDRO for the Olthof Homes, LLC 401(k) Plan, it’s important to:
- Clearly define what percentage or dollar amount the alternate payee will receive
- Specify the valuation date (typically the date of separation or divorce)
- Clarify how unvested employer contributions will be treated

