Employee vs. Employer Contributions
Most QDROs award a percentage of the vested balance accrued during the marriage. But with the Engineering Automation & Design, Inc.. 401(k) Retirement Plan, it’s important to distinguish between:
- Employee Contributions: These are typically 100% vested immediately.
- Employer Contributions: Often subject to a vesting schedule. Unvested portions may be forfeited if the participant is no longer with the company or hasn’t met the years-of-service requirement.
The QDRO should specify that only the vested portion of employer contributions is divisible, unless both parties agree otherwise. It’s crucial to draft carefully so the non-participant spouse doesn’t expect a portion that legally can’t be distributed.

