Splitting Employee and Employer Contributions
In most 401(k) plans, contributions come from both the employee and the employer. A QDRO can divide:
- Employee Contributions: These are always fully vested and can be split without additional restrictions.
- Employer Contributions: Often subject to a vesting schedule. If the employee (plan participant) isn’t fully vested, only the vested portion is divisible. This applies directly to the Communities Unlimited, Inc.. Employees Savings Plan because it’s a corporate 401(k), which commonly includes tiered vesting schedules.
It’s vital to review the participant’s vesting report before drafting the QDRO, or you could unknowingly award more than is available for division, leading to delays or rejections.

