Employee and Employer Contributions
One of the first things to clarify is whether the QDRO includes just the employee’s contributions or also any employer matching or profit-sharing contributions. In a 401(k) plan like the Trees on the Move, Inc.. 401(k) Plan, employer contributions are often subject to a vesting schedule. This means only the vested portion is available to divide.
- If your spouse is fully vested, you may be entitled to a share of both their contributions and employer matching funds.
- If parts of the account are not vested at the time of divorce, those amounts typically remain with the employee-spouse.

