1. Employee Contributions vs. Employer Contributions
The Marillac Clinic Inc.. 401(k) Plan will likely contain both types. Employee contributions are always 100% vested, while employer contributions may be on a vesting schedule depending on plan rules.
When drafting the QDRO, it’s critical to specify whether the alternate payee is receiving:
- Only the vested portion of employer contributions
- Or a full 50% share with language limiting it to what’s vested as of the date of divorce or QDRO submission
Failure to clarify this difference often results in underdistribution—or disputes with plan administrators.

