Employee Contributions vs. Employer Contributions
One of the most important distinctions in any 401(k) QDRO is whether you are dividing the full balance or just the employee contributions. In most cases, a QDRO divides both the employee and the vested portion of the employer’s contributions.
For the Health Information Associates, Inc.. 401(k) Plan, you’ll need to confirm:
- How much of the employer match, if any, is vested
- Whether any unvested amounts are subject to forfeiture
- If the QDRO will include just vested balances or anticipated future vesting
We often see confusion around “vesting” in divorce. If only 60% of an employee’s employer contributions are vested at the time of divorce, the alternate payee can only receive their share of that 60% unless the parties agree otherwise. Getting this language right is critical.

