Employee vs. Employer Contributions
Most 401(k) plans, including the St. Andrew’s School Defined Contribution Retirement Plan, contain both employee deferrals and employer contributions. A QDRO can divide both, but employer contributions may be subject to vesting schedules. If the plan participant isn’t fully vested, the alternate payee might not receive some of the employer-funded portion.
It’s essential to determine the vesting status as of the valuation date you use in your QDRO. If you assume the participant is fully vested when they’re not, your QDRO may be unenforceable for the full amount.

