1. Employee and Employer Contributions
A 401(k) plan typically contains employee contributions (money the employee puts in) and employer contributions (such as matching or profit-sharing). In the Yumi Ice Cream Co.., Inc.. 401(k) Plan, it’s important to decide whether your QDRO will split:
- Just the marital portion of employee contributions
- Also include employer contributions—but only vested amounts
Employer contributions are often on a vesting schedule. If the plan participant isn’t fully vested at the time of divorce or QDRO entry, some of those employer-funded amounts could be lost to the alternate payee.

