Employee vs. Employer Contributions
One of the most important parts of drafting a QDRO is determining what will be divided. For the Spiretek International, Inc.. 401(k) Plan, contributions may include:
- Employee deferrals: Money directly deducted from salary.
- Employer matching or profit-sharing contributions: These may be subject to a vesting schedule.
Only vested amounts can be divided through a QDRO. If a portion of the employer contribution is unvested at the time of divorce, it cannot be allocated to the alternate payee. Be sure to clarify the vesting status in your order.

