Dividing Employee and Employer Contributions
The Charles Ross & Son Company 401(k) Plan is likely to include both employee contributions (fully vested by default) and employer contributions (potentially subject to a vesting schedule). A well-drafted QDRO must clearly identify whether the alternate payee (typically the non-employee spouse) is to receive:
- A percentage or dollar amount of the employee contributions only
- A share of the vested employer contributions as of a certain valuation date
- Investment gains or losses on the divided portion
This is particularly important because non-vested employer contributions may be forfeited after divorce—and if the QDRO isn’t written correctly, the alternate payee may unknowingly miss out on a significant portion of assets.

