Employee vs. Employer Contributions
The Queen City Skilled Care 401(k) Plan likely includes contributions made by both the employee (participant) and the employer. A properly written QDRO should spell out whether the alternate payee is entitled to:
- A share of just the participant’s contributions
- Only the vested portion of employer contributions
- A combination of both
In many cases, dividing “all vested account balances earned during the marriage” is the fairest and most practical approach. But QDROs must reflect exactly what the divorce agreement says—or clarify it if the judgment is vague.

