Employee and Employer Contributions
In most 401(k) plans, the participant contributes a portion of their salary, and their employer may match a percentage of those contributions. When dividing the Burgers of Beaumont Employee Savings Plan, both the employee and employer contributions are typically subject to division—depending on the terms of the divorce and the participant’s vesting status.
If the employer’s matching contributions were not fully vested at the time of divorce, those unvested amounts usually cannot be awarded to an alternate payee. Instead, the QDRO must clearly state that only vested funds should be divided.

