Dividing Employee and Employer Contributions
In 401(k) plans like the D&d Management Group 401(k) Plan, both the employee and employer may contribute. Generally, the QDRO can award a portion of the entire account balance as of a specific date or as a percentage. However, one major issue is vesting—some employer contributions may not be fully “owned” by the participant unless they’ve reached a required service milestone. These unvested funds are not divisible and must be accounted for when drafting a QDRO.

