1. Employee vs. Employer Contributions
A 401(k) account can include both employee deferrals and employer matching or profit-sharing contributions. In many plans, the employee’s contributions are always 100% vested—but employer contributions may be subject to a vesting schedule (e.g., 20% per year over 5 years).
When drafting a QDRO for the Jorie Ai 401(k) Plan, it’s essential to:
- Clearly define which account portions are being split.
- Specify the date used to value the account—typically the date of separation or the divorce filing date.
- Account for any unvested funds that may become vested post-divorce, but were earned during the marriage.

