Employee and Employer Contributions
The Friedman Management Company 401(k) Plan, like most employer-sponsored 401(k)s, likely includes both employee salary deferrals and employer matching contributions. A QDRO can award a portion of these contributions to the non-employee spouse (also called the “alternate payee”).
- Employee contributions are always 100% vested and divisible.
- Employer contributions may vest over time depending on years of service.
When drafting the QDRO, make sure to specify how much of the employer contributions—if any—the alternate payee will receive. If not fully vested, the QDRO should clarify that only the vested portion is awarded.

