Employee and Employer Contributions
401(k) plans like the Professional Referee Organization 401(k) Profit Sharing Plan often include both employee salary deferrals and employer contributions. When dividing the account, it’s essential to account for how employer contributions are treated. Are they fully vested? Or subject to a vesting schedule?
The QDRO can address this in one of two ways:
- Include only the vested (nonforfeitable) amount available as of the division date, or
- Award a percentage of the total balance, but limit it to vested funds only at the time of transfer
If part of the balance isn’t vested, the alternate payee may receive less than expected—so clarity in the drafting is key.

