Employee and Employer Contributions
In a 401(k) plan like the Compostnow 401(k) Plan, both employee deferrals and employer matching contributions may be involved. These need to be clearly outlined in the QDRO:
- Employee contributions are typically 100% divisible because they are fully vested immediately.
- Employer contributions may be subject to a vesting schedule. Only vested amounts are distributable through a QDRO.
The QDRO should specify that only vested employer contributions be divided. Any non-vested (forfeited) amounts must be excluded, or the alternate payee may be left short.

