1. Employer vs. Employee Contributions
The American Management Group 401(k) likely includes both employee contributions (money put in from one’s paycheck) and employer contributions (matching or profit-sharing). Many plans have vesting schedules for employer contributions, meaning some of those funds may not be fully owned by the employee during the divorce.
In a QDRO, it’s important to account for:
- What portion of the employer contributions are vested
- What happens to unvested amounts (they are typically not divisible)
- Whether only the marital portion of the account is being divided

