Division of Employee and Employer Contributions
401(k) plans often include both employee deferrals and employer matching contributions. A good QDRO must distinguish between these and decide whether to divide only the employee contributions or include the employer’s, too. Be aware: employer matches may be subject to vesting schedules.
You’ll also need to define the timing of the division. Is the alternate payee getting 50% of the account on the date of divorce? Date of separation? Date of QDRO approval? This must be clearly spelled out. Our team helps you make these decisions and include precise language to avoid disputes later.

