Employee and Employer Contributions
Most 401(k) plans include two types of contributions:
- Employee deferrals: These are usually 100% vested and subject to division via QDRO.
- Employer-matching or profit-sharing contributions: These may or may not be fully vested depending on the plan’s vesting schedule.
If you’re divorcing a participant of the Halloran & Sage, Llp Retirement and Deferred Salary Plan, it’s critical to understand which contributions are marital and which are separate property. Contributions made, and vesting that occurred, during the marriage are typically subject to division. Unvested employer contributions may be forfeited unless your QDRO handles this explicitly.

