Employee vs. Employer Contributions
The Washington City Mission 401(k) Plan likely includes both employee deferrals and employer matching contributions. In divorce, it’s critical to determine whether the employer contributions have vested. An alternate payee may only be entitled to the vested portion as of the cutoff date—typically the date of separation or divorce judgment.
When we draft QDROs, we always ask: What portion of the employer match was vested as of the date used to value the account? Including unvested balances in your QDRO could result in a rejected order—or worse, you may end up with less than expected.

