Employee vs. Employer Contributions
Unlike pension plans, 401(k)s consist largely of the employee’s savings and, often, matching employer contributions. When preparing a QDRO for the Courtesy Chevrolet, Inc.. 401(k) Plan, you’ll want to clearly state whether you’re dividing just the employee’s deferrals or also including the employer’s match.
But here’s where it gets tricky: employer contributions are usually subject to a vesting schedule. Only the vested portion is divisible under a QDRO. Any amounts not yet vested at the date of division may be excluded later by the plan administrator. Be sure your QDRO references the correct valuation date and reflects what’s actually divisible.

