Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or profit-sharing contributions. In QDROs, it’s essential to clarify whether the alternate payee (typically the non-employee spouse) is receiving a share of:
- Only the employee’s pre-tax deferrals,
- Both employee and employer contributions, or
- Only the vested portion of employer contributions.
Status of employer contributions depends on the plan’s vesting schedule. In the A. R. Gameson 401(k) Plan, this schedule hasn’t been disclosed, but employer contributions often vest over several years. If your spouse hasn’t met that timeline, you might not be entitled to that portion of the account.

