Employee vs. Employer Contributions
401(k) plans usually include both employee salary deferrals and employer matching or profit-sharing contributions. In many cases, employer contributions are subject to a vesting schedule. The QDRO should clearly state that only the vested portion of employer contributions is divisible. Otherwise, the alternate payee might expect funds that don’t legally exist yet.
The Reveneer, Inc.. 401(k) plan administrator should provide a vesting statement showing what portion of the employer’s contributions are vested as of the determination date. This is critical information when drafting your QDRO.

