Employee vs. Employer Contributions
The Medbill, LLC 401(k) Plan likely includes both employee contributions (salary deferrals that the participant elects to contribute) and employer contributions (matching or profit-sharing). In some plans, employers also contribute discretionary amounts based on company performance.
When drafting the QDRO, be specific about whether the alternate payee (usually the former spouse) is to receive:
- A flat dollar amount
- A percentage of the total account balance
- A percentage of the marital portion (often defined as the portion earned between the date of marriage and date of separation)
If you divide only the vested portion of employer contributions—or the entire balance including unvested funds—you need clear language in the QDRO. Be aware that some employer contributions may not be fully vested and could be forfeited upon termination.

