Employee vs. Employer Contributions
Most 401(k) plans include both employee salary deferral contributions and employer contributions. A QDRO must clarify whether the division includes:
- Only the employee’s contributions and earnings
- The employer’s matching or profit-sharing contributions
- Both, but only those amounts that are vested
With the Rcd, Inc.. Employees’ 401(k) Plan, employer contributions may be subject to a vesting schedule. Any unvested portions as of the divorce or division date might not be payable to the alternate payee.

