1. Employee Contributions vs. Employer Contributions
In a 401(k) like the River Valley 401(k) Plan and Trust, both employee and employer may contribute. While employee contributions are always 100% vested, the employer’s portion often is not. It’s important to note the vesting schedule when preparing the QDRO. Only the vested portion of employer contributions will be subject to division. Unvested amounts typically revert to the plan if the participant leaves before becoming fully vested.
Make sure the QDRO explicitly states how to handle any unvested amounts, as they can create disputes if not addressed clearly.

