Employee and Employer Contribution Division
Most 401(k) plans, including the Bluegrass Supply Chain Services 401(k) Profit, include both employee deferrals and employer contributions. Employee contributions are always 100% vested, so they typically get divided without issue. However, employer contributions may be subject to vesting schedules. This means that if your spouse is not fully vested, a portion of the employer contribution may be forfeited and therefore not divisible through the QDRO.
When dividing the account, it’s important to specify whether the award includes both the employee and vested employer balances or just the employee contributions. Some QDROs choose a flat percentage of the total vested account balance, while others try to separate specific subcomponents.

