Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching contributions. In the case of the Market & Johnson, Inc.. 401(k) Plan, it’s important to determine whether all employer contributions are fully vested. If not, only the vested portion as of the date of division can typically be awarded to the alternate payee (usually the non-employee spouse).
A proper QDRO will clearly outline:
- Whether the division is based on a fixed dollar amount, percentage, or formula
- The date of division (often the date of separation or divorce)
- Whether unvested employer contributions are included or excluded

