Unlike pensions, which typically pay monthly benefits, a 401(k) plan like the Del Mar park-401(k) Plan is an individual account plan with balances that grow through contributions and investment performance. This makes dividing the plan simpler in some ways—but more complex in others.
Valuations and Cutoff Dates
The QDRO should specify what portion of the account is to be paid to the “Alternate Payee” (usually the ex-spouse). This could be a percentage, a dollar amount, or a formula. One common issue is choosing the correct valuation date. That’s the point in time used to determine the value of the amount to be divided. If you’re not sure what date makes the most sense, we’ll walk you through the pros and cons of your options based on the investment behavior of the account.
Employee vs. Employer Contributions
401(k) accounts are commonly divided into two main parts: the employee’s own contributions and the employer’s contributions. It’s important to understand that employer contributions may be subject to vesting—meaning they become fully yours only after a certain period of employment.
In the case of the Del Mar park-401(k) Plan, the QDRO must be written to address whether the award includes only vested balances or if it accounts for vesting as of the divorce date or distribution date. If drafted incorrectly, a QDRO could award an amount that doesn’t actually exist, leading to delays or rejections.