1. Employee and Employer Contribution Division
401(k) balances typically consist of both employee contributions (which are always fully vested) and employer contributions (which may be subject to a vesting schedule). In your QDRO, you’ll need to specify whether you’re dividing:
- The full balance (employee + vested employer contributions)
- Only employee contributions
- A set dollar amount or a percentage as of a specific date
Unvested employer contributions are usually returned to the plan or forfeited unless they become vested under special provisions (like years of service or plan termination). The Ralph Sellers Motor Co.. Corporation Retirement Plan may have such rules, so it’s essential to review the SPD or consult your attorney.

