Employee and Employer Contributions
A typical 401(k) like the Concert Technologies Group, Inc.. 401(k) Profit Sharing Plan includes both employee elective deferrals and employer contributions. When drafting your QDRO, it’s important to distinguish between these two. Some plans only allow division of vested amounts. If the participant isn’t 100% vested at the time of divorce or QDRO approval, the alternate payee might receive less than expected.
Best practice: Your QDRO should state whether the division applies to the full account balance, including all employee and vested employer contributions, as of a specific valuation date (such as date of separation, date of dissolution, or date of distribution).

