1. Employee vs. Employer Contributions
Most 401(k) plans include both contributions made by the employee and matching contributions made by the employer. But not all of the employer’s contributions are immediately vested. In the Llm Delivery 401(k) Plan, it’s crucial to determine:
- What portion of the employer match is vested at the date of separation or divorce
- How to handle unvested contributions in the QDRO—typically, alternate payees cannot access these until vested
The QDRO should clearly state whether the alternate payee gets a portion only from the vested balance or from the total balance, including unvested funds that may vest at a later date.

