1. Employee and Employer Contributions
The Oak Point Fresh Market 401(k) Plan likely includes both employee and employer contributions. While the participant is always 100% vested in employee contributions, employer contributions may be subject to a vesting schedule—meaning the participant may lose some of the employer portion if they leave the company before being fully vested.
When drafting the QDRO, it’s critical to:
- Clarify whether employer contributions are included
- State the cut-off date for marital property division (often the date of separation or divorce)
- Clearly indicate whether the division includes only vested amounts or projected future vesting

