Dividing Employee and Employer Contributions
The Thermo-tech Windows LLC Retirement Savings Plan is a 401(k) plan, which usually includes both employee contributions and employer matching contributions. In a QDRO, both types of contributions can be divided—but with important distinctions. Only vested employer contributions are eligible for division. If some or all of the employer’s match hasn’t vested, those portions may not be included in the alternate payee’s share (usually the ex-spouse).
Common practice is to include a clause in the QDRO that specifies the alternate payee receives a portion of the vested account balance as of a specific date (often the date of divorce or a different agreed-upon date).

