Employee and Employer Contributions
In a typical 401(k) like the Knox Horticulture, LLC 401(k) Plan, employees put in pre-tax (or Roth) contributions. Employers often add matching or discretionary contributions. However, those employer contributions usually come with a vesting schedule.
The QDRO should clearly state whether you’re dividing:
- The total account balance as of a specific date
- Only the vested portion
- Gains and losses from that date forward
If the participant isn’t fully vested, the alternate payee can’t claim the unvested portion. Any unvested employer contributions will revert back to the plan if the participant separates from the company before being fully vested.

