Division of Employee and Employer Contributions
In a 401(k) plan like the Crest Management Company Retirement Plan, both employee deferrals and employer matching contributions may be included. However, not all employer contributions may be fully vested. The QDRO needs to clearly state:
- Whether the alternate payee is receiving a flat dollar amount or a percentage
- How the division is applied (e.g., account balance as of a specific date)
- Whether the alternate payee shares in investment gains/losses after the division date
Unvested employer contributions cannot be awarded—but it’s important to set clear language to include any previously forfeited amounts that might vest later due to continued service if the divorce happens before full vesting.

