Dividing Employee and Employer Contributions
QDROs must clearly define what portion of the account goes to the alternate payee. For the Apple Tree Dental 401(k) Plan, this means determining what contributions are on the table. Employee contributions are always divisible. Employer contributions may be subject to vesting restrictions—typically a graded or cliff vesting schedule.
We always recommend checking the participant’s most recent statement to verify what’s vested and what isn’t. Unvested funds usually revert back to the plan if the participant is not fully vested at divorce, so including non-vested amounts in the QDRO could invalidate the calculation.

