Dividing Employee vs. Employer Contributions
The Kairos Surgical 401(k) Plan likely includes both employee contributions and employer match contributions. When drafting the QDRO, it’s important to be specific about which portions of the account should be divided:
- Employee Contributions: Generally fully vested and available for division in a QDRO.
- Employer Contributions: May be subject to a vesting schedule. Only the vested portion can be awarded to the alternate payee (the non-employee spouse).
Make sure you request a vesting report from the plan administrator to determine how much of the employer match has vested. If the QDRO over-allocates unvested portions, it will be rejected.

