Employee and Employer Contribution Divisions
401(k) plans include both employee contributions (salary deferrals) and employer contributions (such as matches or profit-sharing). During QDRO drafting, the order must specify whether it applies only to the employee contributions or includes employer contributions as well. If employer contributions are not fully vested, that portion may be excluded or only partially distributed.
- If your spouse has unvested employer contributions, they may be forfeited upon separation.
- You cannot claim any part of contributions made after the valuation date unless your divorce decree allows it.

