Employee and Employer Contributions
A 401(k) includes both employee contributions (deferred from salary) and potentially employer contributions (which may vest over time). The QDRO must clearly state whether both contribution types are being divided, or just the vested portion.
If the participant’s employer made contributions to the Meduit, LLC 401(k) Retirement Plan that are not fully vested at the time of divorce, the alternate payee (usually the ex-spouse) may only be entitled to the vested amount. If you divide based on a fixed dollar amount or percentage, it’s critical to know what’s vested and what could be lost.

