Employee and Employer Contributions
The Colonial American Development Corporation 401(k) Retirement Plan likely includes both employee deferrals and employer contributions. Only “vested” employer contributions can be awarded to the former spouse. A QDRO will need to clearly separate:
- Pre-marital vs. marital contributions (based on dates)
- Vested vs. non-vested employer contributions
- How account earnings and losses are allocated
We always recommend requesting a breakdown of account contributions and vesting schedules prior to preparing the QDRO.

