Employee and Employer Contribution Divisions
401(k) plans usually include both pre-tax contributions made by the employee and matching or discretionary contributions from the employer. These contributions may be fully or partially vested depending on the employee’s years of service.
If your QDRO is not precise about the inclusion or exclusion of employer contributions, especially unvested ones, you may run into problems. The Ici Homes Residential Holdings LLC 401(k) Savings Plan likely includes employer matching contributions, so we recommend addressing:
- Whether the alternate payee’s interest includes only vested amounts
- Whether unvested amounts at the time of divorce are included if they vest later

