1. Employee and Employer Contribution Division
Most 401(k) plans, including the Cre Delivery 401(k) Plan, allow for both employee contributions (direct deposits from paychecks) and employer contributions (such as matching). In divorce, it’s crucial to determine whether you are dividing:
- Only the employee’s portion
- Both employee and employer contributions
- Only benefits accrued during the marriage or the full account
If your spouse received employer contributions that haven’t yet vested, those unvested amounts may not be available for division. The QDRO needs to address how those are handled.

