Division of Employee and Employer Contributions
A 401(k) includes an employee’s salary deferrals and potentially matching or employer contributions. When drafting the QDRO, it’s important to make clear whether the alternate payee—usually the former spouse—will receive a percentage of the employee’s total account or only the marital portion accrued during the marriage.
Some plans allow for transfer of employer contributions only if they are vested. If the benefit includes unvested amounts, those may be lost unless the participant becomes fully vested prior to distribution. We structure QDROs to flag this early and give alternate payees flexibility when possible.

