Employee vs. Employer Contributions
Most 401(k) accounts contain a mix of employee deferrals and employer contributions. A QDRO can divide either or both types. However, employer contributions may be subject to vesting schedules, meaning they may not fully “belong” to the participant yet.
In dividing the 4 Nurses at Work 401(k) Plan, the QDRO should account for:
- How much of the employer match was vested as of the division date
- Whether unvested funds should be excluded from the division
- Whether the division is done by a flat dollar amount, percentage, or formula tied to the account balance on a certain date

