1. Employee Contributions vs. Employer Contributions
Most 401(k)s—including the Resolution Medical 401(k) Plan—include both employee deferrals and employer contributions (such as matching or profit-sharing). However, employer contributions are often subject to a vesting schedule. If the employee hasn’t worked at Resolution medical midco LLC long enough, part of those employer-funded amounts may be unvested and unavailable for division.
In drafting the QDRO, it’s important to:
- Distinguish between vested and non-vested portions
- Determine the marital portion—usually from date of marriage to date of separation or divorce
- Clarify whether the alternate payee shares only in the vested portion or the entire account, including future vesting (rare but sometimes negotiated)

