Employee vs. Employer Contributions
One common oversight in dividing 401(k) plans like the Northcentral Electric Cooperative 401(k) Pension Plan is failing to account for the difference between employee and employer contributions. The QDRO must clearly state whether the alternate payee is entitled to a portion of both types of contributions.
Employee contributions are always 100% vested, but employer contributions may be subject to a vesting schedule. The QDRO can only award the alternate payee the vested portion as of the cutoff date (usually the separation or divorce date).

