Dividing Employee and Employer Contributions
In 401(k) plans like the Diaz Consulting Group Limited 401(k) Plan, both the employee and employer may contribute to the account. A well-drafted QDRO should specify whether the alternate payee gets a portion of just the employee’s contributions, or both employee and employer contributions.
Example: If the employer made matching contributions that are partially vested, only the vested portion is subject to division. Whatever isn’t vested at the time of divorce may be forfeited. It’s essential to clarify the date used for dividing the account—known as the “valuation date”—because this affects the dollar amount the alternate payee will receive.

