Employee and Employer Contributions
Most 401(k) plans include contributions from both the employee and employer. During divorce, it’s crucial to clearly state whether the alternate payee (usually the non-employee spouse) is receiving a portion of just the employee contributions or both employee and company contributions. Some employer contributions are subject to vesting—meaning the employee must work a certain number of years to claim them.
In a QDRO for the Cp Energy Services 401(k) Plan, you’ll need to identify:
- Whether the division includes both types of contributions
- Whether to split only vested funds or anticipate future vesting
- The method of division (percentage, dollar amount, etc.)

