Employee and Employer Contributions
QDROs can divide both the employee’s contributions (which are fully vested by default) and any employer contributions. However, employer contributions in a 401(k) plan like the M3 Retirement Savings Plan may be subject to a vesting schedule. That means the participant may not own all of the employer contributions at the time of divorce. The QDRO must specify which portion of the employer contributions—if any—are to be awarded to the alternate payee (the former spouse).

