Employee and Employer Contributions
The most common method for dividing 401(k) plans like this one is through either a percentage (e.g., 50% of account balance) or fixed dollar amount (e.g., $50,000) as of a specific date. However, with the All Phase Electric & Maintenance, Inc.. Alarm & Communications Systems, Inc.. and T & T Leasing, Inc.. 401(k) Plan, you’ll also need to determine whether the QDRO covers just the employee contributions or the full balance including employer match.
If the participant is not fully vested in the employer contributions at the time of the divorce or account division date, the Alternate Payee may not be entitled to those unvested amounts. This is why including a clause addressing vesting forfeitures is essential in your QDRO.

