Dividing Employee vs. Employer Contributions
Most 401(k)s include both employee deferrals and employer contributions. In a QDRO, it’s important to make clear whether the division includes the entire account or just portions of it. Some employer contributions may not have vested—or they may have schedule-based vesting depending on years of service. If your spouse only worked at Floyd holdings LLC 401(k) profit sharing plan & trust for a short time, the portion you’re entitled to may be smaller than expected due to forfeitures.
A well-drafted QDRO will spell out whether this division includes:
- Only the participant’s contributions
- Vested employer contributions
- All contributions—including unvested amounts subject to forfeiture

