Employee Deferrals vs. Employer Contributions
401(k) plans are made up of employee savings and employer contributions like matches or profit-sharing. The QDRO should clearly state if the alternate payee (usually the non-employee spouse) is receiving a portion of:
- Only the employee contributions
- All funds, including employer matching contributions
- Only vested employer contributions
Since we don’t have vesting schedule details publicly available for the Castle Tire Disposal, LLC. 401(k) Plan, it’s smart to assume there may be unvested employer contributions involved. Unvested amounts won’t be included in the division. A carefully drafted QDRO can protect the alternate payee’s rights if amounts vest later.

