Employee and Employer Contributions
401(k) plans are made of both employee deferrals and employer matching or profit-sharing contributions. In many cases, employee contributions are 100% vested immediately, but employer contributions may follow a vesting schedule. Your QDRO must account for these variables. If a participant isn’t fully vested at the time of divorce, some employer dollars may be off the table. However, the QDRO can include a clause stating that the alternate payee’s share includes only vested amounts.

