Dividing Employee and Employer Contributions
In a 401(k) like the Med One Capital Funding, LLC Plan, the account may hold:
- Employee deferrals: These are funds the employee contributed through payroll.
- Employer matching/profit-sharing: These may be subject to different vesting rules.
In your QDRO, you can choose to divide the total account balance or just the vested portion. One important thing: unvested employer contributions generally cannot be awarded unless they become vested before the order is processed. However, the alternate payee (typically the non-employee spouse) may be entitled to only what is fully vested as of a specific date—such as the date of separation or divorce judgment.

