Employee vs. Employer Contributions
One of the most important elements of dividing a 401(k) plan is understanding the difference between employee contributions (what the participant put in) and employer contributions (what Bridgephase, LLC 401(k) plan contributed on the employee’s behalf). Depending on how the plan is structured, the employer contributions might be subject to a vesting schedule.
Only vested employer contributions can be divided in a QDRO. If unvested amounts exist at the time of divorce, they may be forfeited. We recommend including default language in your QDRO stating that the alternate payee (the spouse receiving the benefit) receives a proportional share of any later-vested employer contributions earned during the marriage.

