Employee and Employer Contributions
401(k) balances typically consist of two sides: what the employee personally contributed and what the employer contributed (in matching or discretionary amounts). Under the Steel Services, Inc.. – Thomas Russell and Company, Inc.. Employee Benefit Plan and Trust, both may exist.
- Employee contributions are always 100% vested and are divided per the QDRO terms.
- Employer contributions may be subject to a vesting schedule, which needs to be reviewed before identifying the total divisible balance.
If your divorce only entitles the alternate payee to “vested” amounts, unvested employer contributions will likely be excluded. However, you can also agree to revisit the account after vesting matures (also known as a “deferred distribution” approach).

