Employee vs. Employer Contributions
Most 401(k) plans include employee deferrals (which you contribute directly) and employer contributions (like matching). When dividing the account, it’s crucial to understand who owns what, and whether any of those employer contributions were subject to vesting restrictions.
In QDROs for the Trapper Mining, Inc.. Union Employees 401(k) Plan, we recommend language that clearly distinguishes:
- How contributions will be divided (usually as a percentage or dollar amount)
- Whether only vested amounts are to be included in the division
- What happens to unvested amounts at the time of divorce

