Employee vs. Employer Contributions
When you’re dividing a 401(k), it’s important to distinguish between the employee’s contributions and the employer’s match. Most QDROs will only address the marital portion—i.e., the amount earned between the date of marriage and the date of separation or divorce. The Lottsa Cheese, Inc.. 401(k) Plan likely includes both employee deferrals and employer matching contributions.
Be aware that employer contributions might be subject to a vesting schedule. Any unvested amounts as of the date used in the QDRO will not be available for division. We advise clients to request a vested balance statement directly from the plan administrator to set clear expectations.

