Employee and Employer Contributions
Many 401(k) plans, including the Graydaze Contracting, Inc. 401(k) Retirement Savings Plan, include both employee deferrals and employer contributions (such as matching or profit-sharing). It’s critical to separate these in a QDRO because:
- Employer contributions are often subject to vesting schedules
- Only vested amounts can be awarded as marital property
- Non-vested funds may not be divisible if they are forfeited upon termination of employment
When dividing the plan, you’ll need to understand how much of the employer contributions are vested as of the date of divorce or another specified “valuation date.” As we review plan documents, we’ll help you determine which funds are available for division.

