Employee vs. Employer Contributions
The Facilities Management Express, llc.401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. A QDRO must identify all account sources and whether the alternate payee is receiving a share of both, or only of the vested portions. Many people overlook that only vested employer contributions are actually divisible. If part of the match isn’t vested, the non-employee spouse won’t receive that portion unless the participant becomes fully vested before the QDRO is executed.

