1. Employee Contributions vs. Employer Contributions
The 401(k) under Kootenai clinic, LLC will likely include both employee deferrals and matching or profit-sharing employer contributions. A QDRO can divide both—but only if certain conditions are met:
- Employee contributions are typically 100% owned and transferable at divorce.
- Employer contributions may be subject to vesting conditions and may be excluded if not vested yet.
It’s important to find out how much of the total balance is vested before drafting the QDRO. Unvested funds are usually forfeited unless the participant remains employed and those funds later vest.

