Employee vs. Employer Contributions
In most 401(k) plans, employees make their own salary deferrals, sometimes with matching contributions from the employer. Those employer contributions may be subject to a vesting schedule—meaning the full balance might not be owned by the participant yet.
In negotiating a QDRO for the Office Works, Inc.. 401(k) Plan, make sure to account for this:
- Only divide vested employer contributions unless both parties agree otherwise
- If unvested money later becomes vested, a QDRO can be drafted to include future gains as part of the award

