1. Dividing Employer and Employee Contributions
Most participants in a 401(k) plan like the Chesterfield Holding Company 401(k) Ps Plan will have both employee contributions (their own salary deferrals) and employer contributions (which may be subject to a vesting schedule). During divorce, both sources of funds may be included in the division—but only vested employer contributions can legally be divided in a QDRO. It’s important to review the vesting schedule carefully to determine what’s available for distribution to the alternate payee.

