Employee and Employer Contributions
In the Brazos Trailers 401(k) Plan, contributions come from both the employee and potentially the employer. The QDRO must define:
- The amount or percentage of the account the alternate payee will receive
- Whether that includes just employee contributions or employer matches as well
Employer contributions may be subject to a vesting schedule. If the employee isn’t fully vested at the time of divorce, the non-vested portion may not be available for division. The QDRO must specify whether the alternate payee gets only the vested portion as of the division date or whether future vesting is included.

