Employee Contributions vs. Employer Contributions
The participant’s pre-tax (or Roth) contributions are typically 100% marital if they were made during the marriage. However, employer contributions are often subject to a vesting schedule, which adds complexity.
A well-drafted QDRO for the Alexandria Manor of Nazareth I 401(k) Profit Sharing Plan & Trust should:
- Allocate employee deferrals based on marital coverture (time during marriage vs. total time in the plan)
- Recalculate employer contributions based on what’s been vested as of the date of division or distribution

