Employee vs. Employer Contributions
401(k) plans typically include two categories of contributions: amounts deducted from the participant’s paycheck (employee contributions) and amounts contributed by the employer. In the Eastpointe Country Club 401(k) Plan, contributions made during the marriage are typically considered marital property and can be divided through a QDRO.
But each type of contribution must be addressed in the QDRO:
- Employee contributions: These are fully vested immediately and can be divided without much issue.
- Employer contributions: These may be subject to a vesting schedule. That means only a portion may be treated as divisible property at the time of divorce.

