1. Employee vs. Employer Contributions
One key distinction in 401(k) QDROs is how to treat employee contributions versus employer contributions. Employee contributions are always 100% vested. However, employer contributions may be subject to a vesting schedule. This is particularly important in plans like the Samuels & Son Seafood Company, Inc.. 401(k) Retirement Plan, where participants may not be fully vested at the time of divorce. A QDRO should specify whether the alternate payee receives all vested employer contributions as of the date of divorce or a future date.

