Employee and Employer Contributions
In 401(k)s, the account may include:
- Employee contributions: These are fully owned by the participant and can be divided under the QDRO.
- Employer contributions: These can be partially or fully unvested—meaning they may not be available to divide depending on the plan’s vesting schedule.
If the participant has a mix of vested and unvested employer contributions in the Study Philadelphia Operating L 401(k) Profit Sharing Plan & Trust, it’s essential that the QDRO specifies what portion is being divided. Most QDROs only divide the vested amount unless the parties agree otherwise or anticipate future vesting post-divorce.

