Employee and Employer Contributions
One of the most important questions in a 401(k) QDRO is: how much of the account is marital property?
The participant’s contributions (employee deferrals) during the marriage are usually marital. Employer contributions, however, may be subject to vesting schedules. That means if the participant hasn’t fulfilled certain service years, some of the employer match might be forfeited and not available to divide.
When drafting a QDRO for the Ilink Systems, Inc.. 401(k) Plan, we ensure employer contributions are handled properly—identifying what’s vested and excluding what’s not.

