Dividing Employee and Employer Contributions
401(k) accounts often include both employee salary deferrals and employer matching or profit-sharing contributions. In most QDROs for the Madden Industrial Craftsmen, Inc.. Employee 401(k) Savings Plan, both types of contributions are eligible for division—but only those that are vested.
An essential step is to determine what portion of the account is fully vested. Only vested funds are transferable to the alternate payee. Any unvested employer contributions are not subject to division and will remain with the employee or eventually be forfeited if the employee terminates.

