Employee and Employer Contributions
401(k) plans typically consist of both employee deferrals and employer matching contributions. In the Hideaway Beach Association, Inc. 401(k) Plan, these may have different vesting schedules. During QDRO drafting, we make sure to distinguish between:
- Fully vested employee contributions (100% divisible)
- Employer contributions still subject to vesting (may not be divisible)
- Any forfeitures due to lack of vesting (not divisible)
Only the marital portion is typically divided; we calculate that based on your state’s laws (like community property vs. equitable distribution).

