Employee and Employer Contributions
401(k) accounts may include both employee deferrals and employer matching contributions. In the case of the Lane Steel Co.. 401(k) Matching Program, employer matching is part of the plan by name. The QDRO should clearly state whether the division covers just employee contributions, employer matching, or both.
Matching contributions may be subject to vesting schedules—which means the plan participant might not own 100% of those funds at the time of divorce. That’s why it’s important to include specific language about only dividing vested funds as of a certain date (typically the date of divorce or separation).

