Employee vs. Employer Contributions
Contributions to the Real-time Innovations, Inc.. 401(k) Plan typically consist of two parts: the portion the employee defers from their paycheck (fully vested immediately) and employer contributions (which may be subject to a vesting schedule). When drafting a QDRO, it’s important to determine whether the alternate payee is receiving a portion of just the employee’s contributions or both employee and employer contributions.
If you want to include employer contributions, confirm whether any were unvested on the valuation date (usually the date of separation or divorce). QDRO language must be precise about whether it includes vested balances only or accounts for potential future vesting rights.

