Employee vs. Employer Contributions
When splitting a 401(k) like the Medevolve, Inc. 401(k) Profit Sharing Plan, the QDRO can divide both employee and employer contributions. However, employer contributions are often subject to a vesting schedule. Only the vested portion of employer contributions is divisible in divorce. The QDRO must address how to handle forfeitures and non-vested balances—whether by excluding them entirely or adjusting the award if they vest later.

