Employee and Employer Contributions
One of the first issues in dividing the Jacklett LLC. 401(k) Psp Plan is separating employee deferrals from employer contributions. Employee contributions are always 100% vested, while employer contributions—such as matching or discretionary—often vest over time. That means part of the balance might not be available to split if the employee-spouse isn’t fully vested.
In your QDRO, it’s important to state whether the alternate payee (usually the non-employee spouse) is entitled to:
- A percentage or flat dollar amount of the total vested balance as of a certain date
- Only employee contributions, or both employee and vested employer contributions
- Future investment earnings or losses that occur after the valuation date

