1. Employee and Employer Contributions
In most 401(k) plans, both the employee and the employer may contribute. QDROs can award a portion or all of the participant’s balance to the Alternate Payee (usually the ex-spouse). However, it’s critical to separate contributions made before and after the marriage. Additionally, employer contributions may be subject to vesting. If the employee is not fully vested, the Alternate Payee may only be entitled to the vested portion available at the time of the division.

