Employee Versus Employer Contributions
Most 401(k) plans include both employee (your own paycheck deferrals) and employer contributions. A QDRO can divide all or only part of these assets. One issue to watch for is matching contributions made by the employer—these may be subject to a vesting schedule. The QDRO should clearly state whether the alternate payee (typically the ex-spouse) will share in vested benefits only or also in unvested funds that might vest in the future. For the Varc, Inc.. 401(k) Retirement Plan, getting the vesting data is essential before drafting the QDRO.

