Dividing Employee vs. Employer Contributions
One of the first decisions you’ll need to make is whether the QDRO will divide:
- Only the employee’s contributions and gains
- The entire vested balance, including matching contributions
- All account types (Roth, pre-tax, and employer) or selected portions
For the Truebeck Construction, Inc.. 401(k) Plan, we often see both employee elective deferrals and employer contributions. However, you must verify with the plan administrator what portion is actually vested at the time of divorce. Employer contributions might be subject to a vesting schedule, and any unvested amounts may be forfeited if the employee leaves the company.

