Employee and Employer Contributions
In 401(k) plans like the Heyden Supply 401(k) Plan, both the employee and employer may contribute to the account. Here’s where things get tricky:
- Employee Contributions: These are typically 100% vested from day one, so dividing these is typically straightforward.
- Employer Contributions: These may be subject to a vesting schedule. If an employee is not fully vested at the time of divorce, only the vested portion can be divided by QDRO. The unvested amount remains with the employee unless it becomes vested later and your order accounts for that possibility.
Your QDRO must clearly state what portion of each type of contribution is to be divided. In many cases, specifying a dollar amount as of a specific date of division—or a percentage of the marital portion—is the cleanest method.

