Dividing Employee vs. Employer Contributions
One of the most important parts of dividing a 401(k) plan is understanding the difference between employee contributions—the money the participant contributed to the plan—and employer contributions, which may be subject to vesting rules. A well-written QDRO must clearly say whether the alternate payee is getting a share of one, both, or only the employee’s contributions.
For example, if the participant has worked at Signature systems, Inc.. 401(k) profit sharing plan and trust for five years and the employer contributions vest over six years, some portion of the employer match might still be unvested and therefore unavailable for division. Make sure your QDRO accounts for unvested contributions and outlines terms for how forfeitures are handled.

