Dividing Employee and Employer Contributions
In most divorce situations, the alternate payee will be awarded a percentage of the employee’s total account balance as of the date of marital separation or divorce. But the Mcgee Construction 401(k) Plan may include employer contributions with a vesting schedule. That means not all employer contributions are “owned” by the participant yet.
- Vested contributions are part of the divisible balance and can be included in the QDRO.
- Unvested contributions may be forfeited if the employee terminates service.
It’s crucial the QDRO defines whether to include only vested balances or address what happens if unvested amounts vest later.

