Employee vs. Employer Contributions
401(k) accounts typically have both employee contributions and employer matching contributions. In some cases, employer contributions are subject to vesting schedules. This means if the employee hasn’t been with the company long enough, those employer contributions may not be fully “owned” and could be forfeited. When preparing a QDRO for the Dallago Corporation Retirement Savings Plan, it’s critical to distinguish between vested and non-vested amounts.
Any QDRO should clearly state whether the alternate payee (typically the former spouse) is to receive a portion of:
- The entire account including vested employer contributions;
- Only the employee’s contributions and earnings;
- Or a specified dollar amount or percent of the total vested balance as of a particular date.

