Accounting for Employee and Employer Contributions
Like most corporation-sponsored 401(k) plans, The Hardwood Group 401(k) Plan likely includes both employee elective deferrals and employer matching or profit-sharing contributions. A properly drafted QDRO must specify whether the alternate payee’s share includes:
- Employee contributions only
- Employer contributions
- Or both
This is critical because, typically, employer contributions are subject to a vesting schedule. If a portion of the employer contributions is not yet vested, the plan participant may lose those benefits if they leave before becoming fully vested. The QDRO should clearly distinguish vested from unvested contributions and confirm whether unvested funds are included in the division, to avoid future disputes.

