Dividing Employee Contributions and Employer Matches
One of the most common misconceptions in QDROs is that the participant’s 401(k) balance includes only their contributions. In reality, it includes both their elective deferrals and any matching or discretionary employer contributions made by Lindahl reed, Inc…
- Employee Contributions: 100% owned by the participant, often immediately vesting.
- Employer Contributions: May be subject to a vesting schedule. Unvested amounts typically cannot be divided in the QDRO.
If a divorce occurs before full vesting, the QDRO should account for the vested percentage only, though some orders include reversion clauses in case unvested amounts vest later.

