Employee and Employer Contributions
Most QDROs for 401(k) plans split a participant’s balance using a formula tied to the length of the marriage. But many people forget to specify whether employer contributions are included and which part of those are actually vested.
In a Corporation plan like the More Brewing Co. 401(k) Plan, employer matching is common, but not always fully vested at the time of divorce. An alternate payee (typically the former spouse) cannot get a share of unvested employer funds unless the plan allows delayed distribution or time-based vesting to continue post-divorce. A precise QDRO should specify that the alternate payee is only to receive their percentage of vested assets as of the date of division.

