Division of Employee vs. Employer Contributions
Most 401(k) accounts include two types of contributions:
- Employee Contributions: Always 100% vested and owned by the participant.
- Employer Contributions: Subject to a vesting schedule.
When preparing the QDRO, you may only be able to divide the vested portion of the employer contributions as of the date of divorce or another agreed valuation date. Unvested employer contributions will remain with the participant if the vesting hasn’t occurred yet. Always check the vesting policy specific to the Midwest Egg Enterprises LLC 401(k) Plan—this should come from the Summary Plan Description (SPD).

