Dividing Employee and Employer Contributions
The Chimney Rock Inn 401(k) Plan likely includes both employee contributions (what the employee spouse puts in from paychecks) and employer contributions (what Chimney rock, Inc.. dba chimney rock inn adds). When drafting a QDRO, you can:
- Include BOTH types of contributions in the division
- Limit the division to only vested contributions made during the marriage
- Exclude any unvested employer contributions if you’re dividing it based on the time of divorce
It’s crucial to be clear whether the award includes employer matching or profit-sharing amounts, especially since some of those may not be fully owned (vested) by the employee spouse at the time of divorce.

