1. Employee and Employer Contributions
Most 401(k)s include both employee salary deferrals and employer matching or profit-sharing contributions. These need to be addressed separately in a QDRO if only a portion of the balance is vested. For the Osceola Consulting 401(k) Plan & Trust, we recommend requesting a breakdown of all active account balances, including:
- Employee pre-tax contributions
- Employee Roth (after-tax) contributions
- Employer matching contributions
- Employer profit-sharing (if applicable)
The recipient spouse is not entitled to unvested employer contributions—this is often a misunderstood point. The QDRO must make those boundaries clear.

