Employee Contributions vs. Employer Contributions
Most 401(k) plans include both the employee’s own contributions and any employer match. The participant always owns (is “vested” in) their individual contributions, but the employer’s match may be subject to a vesting schedule. Any unvested employer amounts may be forfeited on termination of employment and therefore not divided through a QDRO.
When dividing the Alkeme Intermediary Holdings, LLC 401(k) Plan, we confirm which contributions are vested as of the date of divorce—or another agreed-upon valuation date—and exclude unvested portions unless they’re expected to vest soon. The QDRO should clearly spell out what the alternate payee (usually the former spouse) is entitled to receive.

