Employee and Employer Contributions
QDROs can award a portion of the balance attributable to employee contributions, employer match contributions, or both. It’s important to determine whether the plan participant has any unvested employer contributions. In the Neugen LLC Employees’ 401(k) Plan, contributions from Neugen LLC may be subject to a vesting schedule. If the plan participant hasn’t worked long enough to vest fully, part of the account could be forfeited and not subject to division.
If you’re dividing the account as of a particular date (commonly known as the “valuation date”), be sure the order addresses whether it includes or excludes earnings and losses after that date.

