Dividing Contributions
The Eastern Michigan Bank 401(k) Plan likely includes both employee deferrals and employer contributions. In many divorces, the judge will award the alternate payee a percentage of the account balance as of a specific date—usually the date of separation or divorce.
- Employee Contributions: These are fully vested from day one.
- Employer Contributions: These may be subject to a vesting schedule. Any unvested amounts are not divided but may vest over time; your QDRO should include language addressing this possibility.

