Dividing Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matches. A QDRO for the Wsi 401(k) Plan must clearly define whether the alternate payee (the ex-spouse receiving a portion) is entitled to:
- Only the employee’s contributions
- The vested portion of employer matching contributions
- Account earnings or losses from the date of separation to the date of distribution
For the Wsi 401(k) Plan, if the employee had not yet reached full vesting on employer contributions, the QDRO may need to explicitly exclude any unvested amounts. Unvested funds typically revert to the company post-divorce unless the plan later becomes fully vested before distribution.

