Dividing Employee and Employer Contributions
Participants in the Bass Energy Services LLC and Affiliates 401(k) Plan likely have retirement savings made up of two main components: their own salary deferrals (employee contributions) and the sponsor’s matching or profit-sharing (employer contributions). A QDRO must clearly specify whether the alternate payee (typically the former spouse) is to receive a share from:
- The total account balance (employee and employer contributions)
- Or only the vested portion
In many divorces, QDROs divide the entire account as of a specific date (called the “valuation date”), but only the vested amounts are payable. Unvested employer contributions may be forfeited unless otherwise agreed or addressed. If you’re unsure of vesting schedules, a QDRO attorney should request the plan’s summary plan description and confirm vesting percentages as of the date of division.

