Dividing Employee and Employer Contributions
Most 401(k) plans, including the Family and Childrens Center, Inc.. 401(k) Savings Plan, include both employee salary deferrals and employer matching or profit-sharing contributions. A QDRO can divide both types, but it’s crucial to understand whether the employer contributions were vested during the marriage.
- If the participant is partially vested, only the vested portion can be divided.
- Unvested amounts (as of the date of division) may be forfeited when the participant terminates employment without meeting vesting requirements.
This makes the choice of valuation or division date in the QDRO extremely important. In some cases, it may be better to divide only what was vested as of separation, while in others, an agreed-upon percentage of the full account may be more appropriate.

