Employee vs. Employer Contributions
In a 401(k) plan like the Phoenix Analysis & Design Technologies, Inc.. 401(k) Plan, both the employee and the employer may contribute funds. Most QDROs typically allow for division of the total vested account, including both types of contributions. However, employer contributions may be subject to a vesting schedule. If contributions are not fully vested at the time of divorce, those unvested amounts may be excluded from the alternate payee’s award.
When drafting your QDRO, it’s important to clarify:
- The cut-off date for division (often the date of separation or divorce judgment)
- How to handle any post-divorce gains or losses
- Whether the division includes vested funds only or also accounts for unvested amounts that later vest

