1. Dividing Employee and Employer Contributions
In 401(k) plans, the employee contributes pre-tax (traditional) or after-tax (Roth) dollars from their paycheck. The employer may also match contributions, often subject to a vesting schedule. In a QDRO, both sources of funds can be divided, but you need clarity:
- Was the employer match fully vested?
- Should the order include both employee and employer contributions?
- Is the alternate payee receiving a fixed dollar amount, percentage, or marital portion?
If the employee isn’t fully vested, the unvested amount may be forfeited unless the participant stays employed long enough. This makes precise timing—and accurate documentation—critical in drafting a QDRO for the Construction Ahead, Inc.. Retirement Plan.

