1. Dividing Employee and Employer Contributions
401(k) plans generally consist of two types of contributions: those made by the employee and those matched (or contributed separately) by the employer. QDROs can divide:
- Just employee contributions
- Only vested employer contributions
- All account types, depending on what is marital property
For the Medic, Inc.. 401(k) Plan, it’s ideal to confirm how much of the employer’s contributions were vested as of the QDRO valuation date. Any unvested funds at that time typically remain with the employee participant.

