Employee vs. Employer Contributions
Most 401(k) plans like the Acadia.io LLC 401(k) Plan include a mix of employee elective deferrals and employer matching or discretionary contributions. The QDRO needs to decide whether the alternate payee will receive only the vested portion of the employer contributions. If some or all of the employer portion is unvested at the time of divorce, that part may be excluded from division—or it may be noted that only what’s vested as of date of division will be shared.

