Division of Employee and Employer Contributions
The employee’s own contributions to the Parkway of Wilmington 401(k) Retirement Plan are always available for division via QDRO. Employer contributions, however, are subject to vesting. This means some or all of those funds may not belong to the employee until they’ve worked for a certain number of years.
When drafting the QDRO, make sure it distinguishes between:
- Employee elective deferrals (always 100% vested)
- Employer matching or nonelective contributions (may be partially or fully unvested)
If the employer contributions are not fully vested, the alternate payee will only be entitled to the vested portion as of the valuation or division date.

