Employee vs. Employer Contributions
The Septagon Construction Company 401(k) Profit Sharing Plan likely involves both employee salary deferrals and employer contributions. When drafting a QDRO, it’s critical to specify whether the order covers:
- Only the employee’s contributions and earnings
- Only the vested portion of employer contributions
- Both employee and employer contributions (vested only)
Most QDROs apply only to vested amounts. If the participant is early in their employment and not fully vested, the alternate payee may receive a smaller portion than anticipated. A proper QDRO should clarify whether the division includes only the vested employer match or leaves out employer contributions entirely.

