1. Employee vs. Employer Contributions
401(k) plans like the Cold Spring Harbor Laboratory Tax Deferred Annuity Plan may include both employee deferrals and employer contributions. While the employee’s contributions are fully vested immediately, employer contributions may be subject to a vesting schedule. That means not all plan balances may be marital property, depending on timing.
When we draft a QDRO for one of these plans, we review fees, match policies, and work status to determine what’s divisible. It’s crucial to specify in the QDRO whether the division includes both employee and employer contributions—or just one.

