Employee and Employer Contributions
Most 401(k) plans, including the Hatch Stamping Company 401(k) Plan, include both employee deferrals and employer contributions. The QDRO should clarify whether the Alternate Payee receives a share of:
- Just the participant’s contributions
- Employer match or profit-sharing contributions
- Only the vested portion of employer contributions
In almost all cases, the plan won’t allow distribution of unvested employer contributions to an ex-spouse. It’s critical to define in the QDRO whether the division includes only vested amounts as of the date of divorce or some other key date (e.g., date of QDRO approval).

