Employee and Employer Contributions
401(k)-type plans typically include both employee deferrals and employer contributions. When drafting your QDRO, you’ll need to decide whether to include:
- Just employee contributions
- Employee plus vested employer contributions
- All contributions regardless of vesting
Since this plan is for a corporation in the general business industry, there’s a good chance employer matches are included, but they may be subject to a vesting schedule. If the participant isn’t fully vested, some funds may be forfeited unless the QDRO explicitly states how to treat unvested funds at the time of division.

