Employee and Employer Contributions
The QDRO must precisely state whether it divides just the participant’s employee contributions or includes the employer match. In 401(k) plans, matching contributions often come with a vesting schedule.
- If the participant is not 100% vested, unvested amounts could be forfeited or retained by the participant and not subject to division.
- A good QDRO clearly states whether the division includes just vested balances or includes a provision to divide future vesting if permitted by the plan rules.

