Employee vs. Employer Contributions
Most 401(k) accounts contain two main types of deposits: employee contributions (which are always 100% owned by the participant) and employer contributions (which are often subject to a vesting schedule). In a divorce, the QDRO must clarify if the division includes:
- Both employee and employer contributions
- Only the vested portion of employer contributions
- Any forfeited or unvested amounts to be excluded
If the participant spouse hasn’t worked at Dibble Trucking, Inc.. 401(k) plan long enough, some of the matching employer contributions may not be eligible to be divided. Your QDRO should mention that only vested funds are included—unless both parties agree otherwise.

