Employee and Employer Contributions
Most 401(k) plans include two sources of funds: employee contributions (which are fully vested) and employer contributions (which may be subject to a vesting schedule). In a QDRO, both types can be divided—so long as they’re vested at the time of distribution.
The QDRO can award a percentage or a dollar amount of the participant’s total balance, including vested employer contributions. However, any unvested portion will revert to the employee, not the alternate payee. We always recommend checking the participant’s most recent plan statement or contacting Botanical designs, LLC 401(k) plan to confirm what portion is vested.

