Employee and Employer Contributions
Many employers, including likely The ei group, Inc.. 401(k) plan, provide matching contributions. While the employee’s contributions are always 100% vested (owned by them), employer contributions may be subject to a vesting schedule. This matters because only the vested portion is eligible for division under a QDRO. Unvested amounts are forfeited if the employee leaves before meeting certain service requirements.
In your QDRO, you’ll want to clearly define:
- Whether the alternate payee receives a percentage of the total balance or just the vested portion as of a specific date
- How to handle future employer contributions, if any

