Employee vs. Employer Contributions
401(k) plans like the First Federal Savings Bank Salary Savings 401(k) Plan often include both employee contributions (which are always 100% vested) and employer contributions (which may be subject to a vesting schedule). That means only a portion—or none—of the employer contributions may be eligible for division based on the terms of employment and length of service.
When drafting the QDRO, it’s essential to determine:
- Which contributions are marital
- Which portions are vested and non-vested
- Whether future vesting should benefit the alternate payee
In many cases, QDROs only divide the vested portion of the account as of the “cut-off date” (usually the date of separation or divorce filing).

