Employee and Employer Contributions
The Auxilior Capital Partners, Inc.. 401 (k) Plan likely includes both employee and employer contributions. Typically, employee contributions are fully vested immediately, meaning the alternate payee has direct claim to their share. Employer contributions, on the other hand, may be subject to a vesting schedule.
In your QDRO, make sure to:
- Clarify which contributions are to be divided
- Specify the valuation date (e.g., date of separation or date of divorce)
- Account for any unvested employer contributions—these are not always divisible

