Employee and Employer Contributions
Most 401(k) plans consist of employee deferrals and employer contributions. In drafting the QDRO, it’s critical to distinguish between the two, especially where there may be vesting schedules involved. A common mistake is assuming the full account balance is divisible when, in fact, portions of the employer’s contributions may not be fully vested.
We often recommend listing the percentage or dollar amount to be awarded as of a specific date (usually the date of divorce or separation). Be clear about whether earnings and losses after that date should be included.

