Employee and Employer Contributions
The most straightforward portion of most 401(k) divisions is the employee contribution balance. However, employer contributions can be trickier. These often follow a vesting schedule, which means your portion of the employer match may be limited if the employee hadn’t worked at the company long enough to become fully vested at the time of divorce.
In QDROs for the Americantours International, LLC 401(k) Plan, we typically specify whether the alternate payee is receiving a fixed dollar amount, a percentage of the account, or only the marital portion (from the date of marriage to the date of separation or divorce). Be sure to address vesting clearly—especially if the employer contributions make up a meaningful portion of the account’s total value.

