Employee and Employer Contributions
In this 401(k) plan, the account balance likely includes both employee deferrals and employer matching contributions. The QDRO must define whether the alternate payee (typically the non-employee spouse) will receive:
- A fixed dollar amount
- A percentage of the total account as of a certain date
- A percentage of only the employee-contributed portion or also employer matches
Employers like 24/7 plumbing sewer & water, Inc.. 401(k) plan may impose vesting schedules on matching contributions. Only the vested portion can be divided. Check the plan’s vesting schedule to avoid over-allocating funds that the participant hasn’t earned yet.

