1. Employee and Employer Contributions
The Patricio Enterprises, Inc.. 401(k) Plan likely contains both employee deferrals and employer matching contributions. When drafting the QDRO, it’s crucial to decide if the alternate payee will receive:
- Only the marital portion of employee contributions
- Both employee and vested employer contributions
Any non-vested employer contributions will typically not be allocated unless they vest before the date of division or are negotiated explicitly in your divorce judgment. Make sure your QDRO makes this clear to avoid future disputes.

