1. Employee vs. Employer Contributions
401(k) plans typically contain both employee (participant) deferrals and employer contributions. In many plans—especially those in business entities like this one—employer contributions are subject to a vesting schedule. Only vested amounts will be eligible for division under a QDRO.
When drafting a QDRO for the Associates in Medical Imaging 401(k) Profit Sharing Plan & Trust, it’s critical to:
- Clarify whether the order divides only vested funds or includes a provision for future vesting.
- Specify a cut-off date, such as the date of separation, divorce, or another valuation date.

