1. Employee vs. Employer Contributions
In many 401(k) plans like the Health Care Partners, Inc.. 401(k) Plan, both employees and employers contribute to the account. In divorce, it’s important to clarify whether the Alternate Payee will receive just the employee contributions earned during the marriage or both employee and employer contributions. Typically:
- Employee contributions are always divisible.
- Employer contributions are typically divisible only if they are vested.
A well-drafted QDRO should specify whether the Alternate Payee is entitled only to the marital portion of the vested amount or to expressed formulas for any newly vesting amounts tied to the marriage period.

