Employee and Employer Contribution Divisions
Participants in a 401(k) plan often have two main sources of account value: contributions made by the employee (participant) and contributions made by the employer. When dividing the Jackson Lumber & Millwork Co., Inc.. 401(k) Plan, you need to determine whether the QDRO applies to:
- All funds in the account at a specific date
- Only employee contributions and earnings
- Employer contributions depending on vesting status
If employer matching funds were not vested at the time of the divorce cutoff date, they may be excluded from the alternate payee’s share. The QDRO must account for whether partially vested funds are subject to division or not.

