Dividing Employee and Employer Contributions
401(k) plans like the Friends Service Co.., Inc.. Dba Friendsoffice 401(k) Profit Sharing & Savings Plan usually contain two types of contributions: those made by the employee and those made by the employer. When drafting the QDRO, both must be addressed carefully.
Employee contributions are almost always considered 100% vested and divisible. Employer contributions, on the other hand, may be subject to a vesting schedule. This means only a portion—or none—of the employer match may be available for division, depending on how long the employee worked at the company during the marriage. Any unvested amounts will usually be forfeited upon separation from employment.

