Employee and Employer Contributions
401(k) plans like the Big Rivers Electric Corporation Salaried Employees’ Retirement Savings Plan usually contain:
- Employee contributions: These are always 100% owned (vested) by the employee and can be divided through a QDRO based on a percentage or dollar amount formula.
- Employer contributions: These may be subject to a vesting schedule, meaning the employee must stay with the company a certain number of years to gain full ownership. A QDRO can only divide vested employer contributions.
Be sure your QDRO accounts for whether contributions were fully vested at the time of divorce or date of account division. Missing this can lead to disputes over forfeited amounts.

