1. How Employee and Employer Contributions are Divided
The Pace Supply Corp.. 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Any QDRO for this plan should clearly define whether it divides:
- The entire balance (employee + employer money)
- Only the employee contributions
- Only vested funds
It’s common for QDROs to award the Alternate Payee (typically the non-employee spouse) a percentage of the marital portion of the account, identified either as a dollar amount or a percentage of the balance as of a specific cutoff date such as the date of separation or date of divorce filing. But when employer contributions aren’t fully vested, the QDRO should reflect what happens to unvested money post-divorce.

