Employee vs. Employer Contributions
In most 401(k) plans like the Nando’s 401(k) Retirement Plan, there are two types of contributions: amounts the employee contributes and those the sponsor—Nando’s restaurant group, Inc..—may add as employer matching or discretionary contributions.
When using a QDRO to divide the assets:
- Employee contributions are always 100% vested and thus fully divisible.
- Employer contributions depend on the plan’s vesting schedule, which determines what portion the employee “owns” based on time served.
- Any unvested employer contributions at the time of divorce are generally excluded from division.
It’s critical that the QDRO addresses these distinctions clearly to avoid enforcement issues later.

