Employee and Employer Contributions
The Laboratory 401(k) likely includes both employee deferrals and employer match or profit-sharing contributions. If you’re the alternate payee (usually the non-employee spouse), be aware of the following:
- Only vested employer contributions are divisible under a QDRO.
- If the participant is still working, employer contributions may continue to be added, so a specific valuation date is important.
- Unvested amounts may be forfeited, particularly if the employee leaves the company before full vesting. Your QDRO should address what happens in that situation.

