Employee vs. Employer Contributions
In 401(k) plans like the Electro-mechanical Retirement Plan, both employee deferrals and employer contributions may be on the table. A well-drafted QDRO must account for:
- The total balance attributable to employee contributions
- Employer matching contributions that are vested
- Any unvested portions that could be forfeited
If part of the employer match isn’t vested at the time of divorce, the alternate payee may receive less than they expect. The QDRO should specifically address what happens if those amounts later become vested.

