1. Dividing Contributions
Most 401(k) plans include two types of contributions:
- Employee contributions: These are fully vested and belong to the participant.
- Employer contributions: These may be subject to a vesting schedule—meaning some of the balance may not be owned by the employee (and therefore not divisible) at the time of divorce.
When drafting a QDRO for the Actia Corporation 401(k) Plan & Trust, it’s essential to determine whether the employer contributions are vested or not. Any unvested amounts should be clearly excluded, and forfeiture provisions should be addressed in the language of the order.

