1. Dividing Employee vs. Employer Contributions
401(k) accounts typically include two types of contributions—those made by the employee and those matched by the employer. In the Falls Community Hospital 401(k) Plan, both types of contributions are subject to division, but there’s a catch: employer contributions may be subject to a vesting schedule.
The QDRO must address:
- How to divide matched employer contributions.
- If only vested account balances will be split, or if future vesting plays a role.
- The treatment of any forfeitures due to unvested amounts upon termination.

