1. Employee vs. Employer Contributions
401(k) accounts often include both employee deferrals and employer contributions. In divorce, the alternate payee typically receives a portion of the participant’s vested balance as of a specified date (commonly the date of separation or divorce). But employer contributions may not be fully vested.
The Dos Irishmen Inc. 401(k) Profit Sharing Plan & Trust, like many business-sponsored plans, may follow a graded or cliff vesting schedule. If employer contributions aren’t vested by the date used for division, they can’t legally be included in the QDRO. We verify this by obtaining the plan’s summary plan description or calling the administrator directly.

