1. Employee and Employer Contributions
Most 401(k) plans, like the United Scrap Metal 401(k) Retirement Plan, include two types of contributions: those made by the employee and those made by the employer. It’s critical to specify in the QDRO whether the alternate payee (usually the ex-spouse) is to receive a share of one or both types.
- Employee contributions are always 100% vested and can be divided based on a set dollar amount or a percentage of the account.
- Employer contributions may be subject to vesting. If the participant isn’t fully vested, the alternate payee may only be entitled to the vested portion.
We can help you confirm what portion of the employer match is vested before you finalize the QDRO—this avoids surprises later.

