1. Employee and Employer Contributions
The Clary Hood and Associates, Inc.. 401(k) Plan likely includes both employee elective deferrals and employer matching contributions. In a divorce, only the vested portion of the employer match may be divisible.
- If your spouse is the plan participant, request the most recent benefit statement to see the breakdown.
- Make sure the QDRO clearly states whether the alternate payee is to receive a portion of just the employee contributions, or both employee and employer contributions.

