Employee vs. Employer Contributions
In most 401(k) plans, contributions are made by both the employee and the employer. Only vested employer contributions are considered for division in a QDRO. When dividing the Atlantic Dominion Distributors Consolidated Companies 401(k) Retirement Savings Plan, it’s important to determine what portion of the account consists of employer contributions and whether those are vested. Anything unvested will generally be excluded from distribution to the alternate payee unless the QDRO specifies a cut-off date where those funds became vested before the divorce judgment was final.

