Dividing Employee and Employer Contributions
In a standard 401(k) QDRO, the division typically includes both employee and employer contributions. However, with the Mm. Lafleur Inc.. 401(k) Plan, it’s important to distinguish between what’s fully vested and what’s not. While employee contributions and their earnings are always 100% vested, employer contributions may be subject to a vesting schedule based on years of service.
If the participant hasn’t met the service requirements, a portion of the employer match may be forfeited, impacting the value available to divide. The QDRO should clearly state whether it divides the vested balance only or attempts to allocate a portion of unvested amounts that may vest later.

