Employee and Employer Contributions
The Kb 401(k) Plan likely includes both employee contributions (made by the participant through payroll deductions) and employer contributions (often based on a matching formula from Kraemer trucking & excavating, Inc..). A QDRO should clearly identify which contributions are to be split—and how.
- Employee contributions are always 100% vested and typically easier to divide.
- Employer contributions may be partially unvested at the time of divorce, depending on the plan’s vesting schedule.
- Be cautious when dealing with unvested amounts; the QDRO can only divide what the participant is actually entitled to as of the date used in the court’s division order.

