1. Dividing Employee and Employer Contributions
Contributions typically include both amounts an employee has elected to defer from their paycheck and employer matching or profit-sharing contributions. In your QDRO for the Flyr 401(k) Plan, you must specify whether the alternate payee (usually the non-employee spouse) is receiving a share of:
- Just the employee contributions
- Employee plus vested employer contributions
- All contributions, whether vested or not (only applicable in certain scenarios and subject to forfeiture)
Vesting matters. If the employee is not 100% vested in their employer contributions, some of the “total account” referenced in divorce discussions may not actually be available to split. The QDRO should clearly delineate whether the division includes only vested funds or establishes a method to divide vesting on a rolling basis.

