1. Dividing Employee and Employer Contributions
Many people assume that the 401(k) account balance belongs solely to the employee, but that’s not the case. The QDRO must distinguish between the employee’s salary deferrals, employer match, and profit-sharing contributions. The plan’s vesting schedule—especially for employer contributions—can affect how much the alternate payee will actually receive.
If the employee isn’t fully vested in employer contributions, the non-vested portion won’t be assigned to the alternate payee under the QDRO. It’s crucial to understand the vesting details for this plan, which we confirm directly with the administrator during the QDRO drafting process.

