Employee and Employer Contributions
Most 401(k) accounts include both employee salary deferrals and employer matching contributions. In your QDRO, you’ll need to decide if the division includes:
- Only employee contributions made during the marriage
- Both employee and employer contributions
- Contributions made up to a specific date (e.g. date of separation)
Employer contributions often have a vesting schedule. Your QDRO needs to specify whether you’re dividing only vested amounts or potentially “future vesting” that occurs post-divorce. If the Waxing centers of buffalo, LLC 401(k) plan has a graded or cliff vesting rule, that needs to be taken into account.

