Employee vs. Employer Contributions
401(k) balances are made up of contributions from the employee and potentially from the employer. The QDRO must specify whether both types of contributions are included in the division. In many plans like the High Point Furniture Industries 401(k) Retirement Plan, employer contributions may be subject to a vesting schedule. If those contributions aren’t vested at the time of divorce or the time benefits are divided, the alternate payee may not be entitled to them.

