Employee and Employer Contributions
Most 401(k) accounts include both employee contributions and matching or discretionary employer contributions. These may be divided differently depending on how the divorce decree is written. Be aware:
- Employee contributions are 100% vested immediately.
- Employer contributions are often subject to a vesting schedule. This could affect how much the alternate payee gets.
In a QDRO for the Gonsalves & Santucci, Inc.. 401(k) Plan, it’s important to clearly state whether the division includes only vested amounts or also unvested employer contributions that may become available in the future.

