Dividing Employee and Employer Contributions
401(k) accounts often contain both employee contributions and employer contributions. It’s important to define how both are divided. Many spouses agree to divide the entire balance as of a certain date. But if the employer contributions are subject to vesting, only the vested portion can be divided.
If the Mdb, Inc. Retirement Plan includes unvested employer contributions, those amounts may be excluded from the alternate payee’s award. In that case, the QDRO should clearly state what happens to the non-vested portion—some couples agree to revisit the issue later or settle it with a separate monetary adjustment.

