1. Employee vs. Employer Contributions
401(k) plans often include both employee salary deferrals and employer matching contributions. These contributions may be subject to different rules in the Q.g.s. Development, Inc.. 401(k) Plan. In particular, employer contributions may be subject to a vesting schedule. That means not all funds in the account are fully owned by the employee until certain service milestones are met.
When drafting the QDRO, it’s important to:
- Identify what portion of the account is vested
- Determine whether only the vested amounts will be divided (unvested funds typically cannot be awarded to an alternate payee)
- Clarify whether post-divorce contributions should be excluded

