Employee vs. Employer Contributions
When dividing the Intouch Credit Union 401(k) Employer Contribution Plan and Trust, it’s important to define whether the QDRO applies only to employee contributions or also includes employer contributions. This matters because employer contributions may be subject to a vesting schedule. Only the vested portion is eligible for division under many QDROs.
A well-drafted QDRO can specify that only vested funds are divided as of the date of divorce, or that future vesting of pre-divorce contributions will also be shared with the alternate payee. This detail can significantly impact the final amount awarded.

