1. Dividing Contributions: Employer vs. Employee
One of the first issues we evaluate is the source of contributions. Most 401(k) plans like the Selco Community Credit Union Retirement Contribution Plan include:
- Employee deferrals – Always 100% vested and included in the marital estate portion
- Employer contributions – May be subject to a vesting schedule
In drafting a QDRO, we will determine what portion of the employer contributions is vested as of the division date. Only vested amounts can be awarded. Unvested amounts can be ignored or addressed with specific language in the QDRO.

