Employee vs. Employer Contributions
A major part of any QDRO for the Comfort Temp, Inc.. 401(k) Plan will be deciding how both employee contributions and employer matching contributions are divided. Generally, only the portion earned during the marriage is considered “marital property.”
Employer contributions often come with vesting schedules. So if the employee spouse hasn’t met the vesting threshold, the non-employee spouse may not be entitled to that portion. We work with clients to review detailed plan statements and determine the “marital portion” of the plan before drafting the QDRO.

