1. Employee and Employer Contributions
The Early Bird Education Group 401(k) Plan likely includes both employee deferrals (money taken from the employee’s paycheck) and employer matching contributions. The QDRO should clearly state whether the alternate payee is getting a portion of both.
Employers often apply vesting schedules to their contributions. This means if the employee wasn’t working there long enough, they might lose some or all of the employer match if they leave. A proper QDRO must take this into account—only vested amounts at the time of division are usually available.

