Dividing Employee and Employer Contributions
Like many 401(k) plans, the Bob Steele Chevrolet, Inc.. 401(k) Retirement Plan likely includes both employee deferrals and employer matches. A key QDRO issue here is whether all of the employer contributions are vested at the time of divorce.
- Only the vested portion of employer contributions can be divided.
- Any unvested contributions may be forfeited upon separation, depending on the participant’s tenure.
- The QDRO should clearly define whether the alternate payee receives only the account balance as of the date of divorce or a share of future earnings and gains (or losses).

