Employee and Employer Contributions
401(k) plans like the Berlin Patten Ebling,pllc 401(k) Plan include contributions from both the employee and, possibly, the employer. In a divorce, it’s common to divide the account’s marital portion—typically contributions and investment gains made from the marital start date to the date of separation or divorce filing.
Employer contributions may be subject to a vesting schedule. That means even if contributions were made during the marriage, only the vested portion—the amount the employee has earned the right to keep—can be divided by QDRO.
Vesting Schedules
The plan may require several years of service before the employee is entitled to 100% of the employer’s contributions. If you’re the alternate payee (non-employee spouse), it’s important to understand that you’re only entitled to the vested portion as of the valuation date agreed upon in the QDRO.