Employee and Employer Contributions
Most people understand that they can divide the employee’s portion of the 401(k). But the employer contributions, commonly in the form of matching funds, can also be subject to division—if they’re vested. The QDRO should clearly state which contributions are to be divided and on what basis (e.g., 50% of the marital portion).
- If employer contributions are not yet vested, the alternate payee may not receive them—unless the plan participant continues working until fully vested.
- We recommend language in the QDRO that specifies how to treat vesting: should the alternate payee’s share increase if the participant later vests in more funds?

