Dividing Employee and Employer Contributions
Most QDROs divide the participant’s total account balance by a percentage or a fixed dollar amount. However, 401(k) plans often include a mix of employee salary deferrals and matching or profit-sharing contributions from the employer. In some cases, employer contributions aren’t fully vested. This can impact how much is available for division.
A strong QDRO for the W. M. Keck Observatory 403(b) Retirement Plan should clearly specify:
- Whether division includes only the vested portion or the full account (vested + unvested)
- What happens if some employer contributions are forfeited after the divorce
- The valuation date—this determines what portion goes to the alternate payee

