Employee and Employer Contributions
Employees make their own salary deferral contributions, but often employers will match a percentage of those funds. The big question during divorce is whether the employer match is fully vested:
- Vested Amounts: Only vested employer contributions are divisible by QDRO
- Unvested Amounts: Any non-vested employer contributions can be forfeited if the employee leaves the company
The QDRO for the Lake Erie Electric, Inc.. 401(k) Plan should include language granting the alternate payee a percentage of only the vested balance as of a specific date, unless otherwise agreed.

