Dividing Employee and Employer Contributions
Most 401(k) balances include employee salary deferrals and employer contributions—or “profit sharing” amounts. When preparing a QDRO for the Mitten, Inc.. Employees 401(k) Profit Sharing Plan, both types of contributions can usually be divided. However, it’s essential to know how much of the employer match is vested. Unvested amounts are generally not available to divide in divorce. The QDRO should clearly state whether it applies to only the vested account balance as of a specific date or includes post-divorce earnings.

