1. Employee vs. Employer Contributions
The value of a 401(k) plan includes both what the employee contributed from their paycheck and what the employer contributed as matching or discretionary amounts. In many cases, employer contributions are subject to a vesting schedule.
- Employee contributions are always 100% vested and subject to division.
- Employer contributions, like matching funds, may be only partially vested depending on the participant’s years of service.
In the case of the Hearn Industrial Services, Inc.. Employee 401(k) Plan, if the participant is not fully vested, the QDRO can specify that only the marital portion of vested funds is divided, or alternatively, direct that the alternate payee receive a share only of vested funds as of a certain date.

