Employee and Employer Contributions
Most 401(k)s, including the Queen City Payroll Services, Inc.. Retirement Plan, contain both employee deferrals and employer contributions. In divorce, both are potentially subject to division—but only the vested portion of employer contributions.
If part of the employer contributions are not vested as of the date of divorce or division, you can’t include those in your share. The QDRO should make this clear by specifying the division of “only the vested portion” or listing a specific cutoff date for calculating vesting.

