Employee vs. Employer Contributions
401(k) plans include amounts the employee chooses to defer from their paycheck (these are always 100% vested) and potentially matching or profit-sharing contributions from the employer (which may be subject to a vesting schedule).
In drafting the QDRO for the Gr Energy 401(k) Plan, it’s important to identify:
- What portion of the plan balance came from the employee’s contributions
- What portion came from the employer’s contributions
- Whether the employer contributions are vested or subject to a vesting schedule
Unvested amounts as of the valuation date typically are not divisible—but that depends on how your QDRO is structured. Some plans allow post-order adjustments for future vesting.

