Employee and Employer Contributions
Most 401(k) plans, including the Arizona Home Based Services 401(k) Plan, include both employee contributions (money the employee defers from their paycheck) and employer contributions (such as matching funds). These must be addressed separately in a QDRO:
- Employee Contributions: These are usually 100% vested and can be divided without issue.
- Employer Contributions: These contributions may be subject to vesting. You can’t divide what hasn’t vested as of the divorce or QDRO date, unless specified otherwise by the plan rules.

