Dividing Employee and Employer Contributions
Most 401(k) plans—like the Precision Valve Corporation Retirement Savings Plan —include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). During divorce, it’s crucial to understand how much of the employer match is vested. Unvested amounts are typically forfeited and not divisible under a QDRO.
A well-drafted QDRO should specify whether it is dividing:
- All funds in the account as of a specified date
- Only vested funds as of the date of division
- Only employee contributions, or a combination of employee and employer funds

