Employee and Employer Contributions
401(k) plans like the Merchant Family Companies 401(k) Plan often include both employee salary deferrals and employer matching contributions. When drafting your QDRO, make sure it’s clear whether the division applies to:
- Just employee contributions
- Employee and vested employer contributions
- All contributions, including unvested employer matches that may vest after the divorce
Keep in mind that unvested employer contributions are not guaranteed. If you’re the alternate payee, you may not receive future vesting unless the QDRO and divorce settlement explicitly address this possibility.

