1. Employee and Employer Contributions
In 401(k) plans, both the employee and the employer may contribute. A QDRO can divide:
- Just the participant’s contributions
- Employer matching contributions, if vested
- The combined total, depending on how the parties agree to split the account
The critical issue is vesting. If the participant is not fully vested in employer contributions, the alternate payee may only receive the vested portion. The Building Security Services, Inc.. 401(k) Plan may follow a graded vesting schedule, which a QDRO drafter needs to review carefully.

