1. Employee and Employer Contributions
Most 401(k)s include employee deferrals and employer matches. The QDRO must be clear about whether the alternate payee is receiving only the vested portion or if they’ll also share in future vesting. If the plan participant isn’t fully vested at the time of divorce, this can affect the value the alternate payee receives.
Our QDROs specify whether the division includes:
- Just the employee contributions
- Only vested employer matches
- Or all contributions with future vesting adjustments

