Dividing Employee and Employer Contributions
With 401(k) plans like the First National Bank of Hughes Springs Employees Savings Plan, both employee deferrals and employer contributions are eligible to be divided. However, employer contributions may be subject to a vesting schedule, and unvested funds may not be available for division.
We help clients determine whether their spouse’s employer contributions are fully vested and build language into the QDRO to protect the alternate payee’s share if vesting becomes an issue later.

