Employee and Employer Contributions
In a 401(k) plan, both the employee and employer may contribute. Typically, the employee’s deferrals are always 100% vested, but employer matching contributions may be subject to a vesting schedule.
In dividing the Kent Design Build, Inc.. 401(k) Plan, your QDRO must clearly state whether it includes:
- Employee deferrals only
- Employer match contributions
- Any employer profit-sharing or discretionary contributions
If the participant isn’t fully vested, the award to the former spouse (called the “alternate payee”) needs to reflect only the vested portion to avoid overpromising amounts that aren’t actually payable.

