Employee and Employer Contributions
Most QDROs award the former spouse (known as the “Alternate Payee”) a percentage or flat-dollar amount of the participant’s account. It’s crucial to specify whether this includes:
- Only employee contributions
- Employer contributions that have vested
- Future contributions (generally not applicable but sometimes attempted)
Because employer contributions to the Irwin Corporation 401(k) Plan may follow a vesting schedule, a QDRO should clarify whether unvested amounts are included or excluded from the award.

