Employee and Employer Contribution Divisions
Most 401(k)s, including the Meridia Living LLC 401(k) Plan, include employee contributions (what the participant earns and contributes from each paycheck) and potentially employer contributions (matching or discretionary amounts added by the company). These must be handled differently in a QDRO:
- Employee Contributions: These are generally 100% vested and can be divided easily.
- Employer Contributions: These may be subject to a vesting schedule, meaning not all employer funds may be awarded if they haven’t yet vested.
The QDRO should clearly specify whether the alternate payee is awarded a flat dollar amount, a percentage of the account, or only the vested balance as of a certain date. If unvested funds later become available, the order should clarify whether those are included.

