Employee and Employer Contributions
Most 401(k) plans like the West Virginia University Foundation Dc Retirement Plan allow both employee deferrals (pre-tax or Roth) and employer matching or profit-sharing contributions. In many cases, the QDRO will only divide the vested balance as of a certain valuation date.
It’s vital to distinguish between:
- Fully vested employee contributions (typically 100% yours)
- Partially or fully vested employer contributions (subject to vesting schedule)
- Forfeitures due to vesting not being met
The QDRO must address whether the division includes contributions accrued after the divorce date, or only those through a specific “cutoff date.” That decision can significantly affect the Alternate Payee’s award.

