Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. When dividing the Suburban Lawn and Garden 401(k) Plan, your QDRO must specify whether the alternate payee is receiving a percentage or flat dollar amount, and whether that division includes:
- Employee contributions only
- Employer contributions that are already vested
- Employer contributions that are not yet vested
It’s common for QDROs to limit the award to vested amounts only, but it’s possible to include non-vested contributions or to address future vesting in the language of the order. However, plans differ on how they handle these provisions, so clear language and review by the plan is critical.

