Employee and Employer Contributions
401(k) plans like the Gilbert Chevrolet Co.. Inc.. 401(k) Plan typically include salary deferrals made by the employee (fully vested from day one) and matching or discretionary employer contributions. A QDRO should clearly state whether the division includes:
- Employee contributions only
- Employer contributions that are vested
- Employer contributions, whether vested or not
Keep in mind: Unvested employer contributions generally cannot be awarded to the alternate payee unless and until they become vested under the plan’s vesting schedule.

