Employee and Employer Contributions
Most 401(k) plans, including the Sequoia Tool 401(k) Plan, may include both employee contributions and employer matches. One of the most important parts of drafting a QDRO is determining how these contributions will be divided:
- Employee Contributions: These are straightforward to divide, as they are contributions from the participant’s own wages.
- Employer Contributions: These may be subject to vesting. Only the vested portion can be divided at the time of the QDRO. Any unvested amounts cannot be awarded to the alternate payee (typically the former spouse).

