Employee and Employer Contributions
The Midwestern Electric, LLC. Union 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Generally, both are divisible via QDRO, but it’s essential to identify:
- Which amounts were contributed during the marriage (marital portion)
- Which employer contributions are vested, and which are not
Only vested amounts can typically be included in a QDRO. Contributions that aren’t fully vested as of the divorce date may be forfeited, or subject to future vesting depending on plan rules. This affects how much can actually be awarded to the alternate payee.

