Employee and Employer Contributions
401(k) accounts typically include both the participant’s contributions and any matching or discretionary employer contributions. With the Americas Rehab Campuses 401(k) Plan, both of these categories may be subject to division in a QDRO—but employer contributions may be subject to vesting. That means it’s possible that some of the account balance isn’t fully owned by the employee at the time of divorce.
The QDRO should:
- Specify whether the division includes just the vested balance, or whether unvested employer contributions should also be addressed
- Clarify a division percentage or fixed dollar amount to award to the alternate payee
- State the valuation date for the purposes of the division (e.g., date of divorce, court ruling, or plan administrator’s processing date)

