Employee and Employer Contributions
The participant’s personal contributions are always considered “vested” and available to divide. However, employer contributions can be subject to a vesting schedule. This means the employee may not be entitled to all employer matches unless they’ve met certain years-of-service requirements. When dividing the Multicraft International 401(k) Retirement Plan, you’ll need to determine:
- What portion of employer contributions are vested?
- Should unvested amounts be excluded from the alternate payee’s award (usually the non-employee spouse)?
A properly worded QDRO can account for these variables. If you’re not careful, you could end up awarding benefits to a spouse that the employee isn’t entitled to keep—or you may unfairly shortchange the alternate payee.

