Employee and Employer Contributions
In most divorces, the marital portion of a 401(k) includes all contributions and growth from the date of marriage to the date of separation. Be aware, however, that employer contributions may not be fully vested. If Hyde park burgers, LLC uses a traditional vesting schedule, some of those employer contributions may not actually belong to your spouse yet.
A proper QDRO will need to account for:
- The division of only vested employer contributions
- Whether post-separation growth and losses are included
- Whether the alternate payee (typically the non-employee spouse) will receive a fixed dollar amount or a percentage

