Employee and Employer Contributions
The Eckert’s Companies 401(k) Plan likely includes both employee salary deferrals and employer contributions. When drafting a QDRO, it’s essential to separate these clearly:
- Employee Contributions: These are always 100% vested and are divided based on the participant’s balance as of the agreed-upon date (often separation or divorce date).
- Employer Contributions: These are usually subject to a vesting schedule. An ex-spouse can only be awarded vested portions, and unvested amounts cannot be transferred.

