Employee and Employer Contributions
Most 401(k) plans, including the American Communications Construction 401(k) Plan, are funded through both employee salary deferrals and employer contributions (e.g., matching contributions). In divorce, each contribution type must be considered. QDROs should specify whether the alternate payee is receiving a portion of the entire balance or only marital contributions accrued during the marriage.
If employer contributions are subject to a vesting schedule (more on that below), only fully vested funds will be awarded in most cases. Sometimes parties dispute whether to divide pre-marital or post-separation earnings; the QDRO can and should make that clear based on the divorce agreement.

