Employee and Employer Contributions
In 401(k) plans like the Cheeze Kurls 401(k) Plan, contributions come from both the employee (from their paycheck) and the employer. When dividing the account, make sure to consider:
- Employee contributions are always fully vested and typically divided based on the portion earned during the marriage.
- Employer contributions are often subject to a vesting schedule. If not fully vested at the time of divorce or QDRO approval, the alternate payee will not receive any unvested funds.
Your QDRO must be drafted to accurately reflect this, especially if part of the account will not be distributed due to vesting.

