Employee vs. Employer Contributions
The Roofing Wholesale Co.., Inc.. 401(k) Plan may include both employee deferrals and employer matching contributions. These components are usually subject to division in a QDRO. However, only the vested portion of employer contributions can be divided.
If the employee spouse has only partially vested in those contributions, any unvested part may be forfeited per plan rules. A properly drafted QDRO should clearly define whether the alternate payee will receive a share of all vested amounts through the marital cut-off date or another relevant valuation date.

