1. Employee and Employer Contributions
The Sam Schwartz Pedestrian Traffic Management Services, Inc.. 401(k) Plan likely includes both employee contributions (funded by the plan participant from their paycheck) and employer contributions (which may be subject to vesting schedules). QDROs allow for the fair division of only the vested portion of those assets unless the parties otherwise agree or the court orders differently.
Be aware: if your spouse is the participant and you are the alternate payee, you may not be entitled to any employer contributions that haven’t vested. Your QDRO must be carefully drafted to distinguish between vested and unvested assets.

