Dividing Employee and Employer Contributions
In most cases, both employee deferrals and employer contributions can be divided in a QDRO. However, only vested amounts can be assigned to an alternate payee. For the Nampa Christian Schools, Inc.. 401(k) Plan, it’s likely that some employer contributions are subject to a vesting schedule. That means the non-employee spouse may not be entitled to those unvested funds.
Make sure the QDRO clearly states whether the division is based on vested or total account value as of a specific date—typically the date of separation or divorce judgment.

