Employee and Employer Contributions
The Homax Oil Sales, Inc.. 401(k) Plan likely includes both employee deferrals and employer matching contributions. In a divorce, either type may be subject to division, depending on the agreement or the court’s ruling. However, only vested contributions can be divided.
When dividing plan assets, it’s important to understand:
- What portion of the employer contributions are vested versus non-vested
- How to allocate contributions made before, during, and after the marriage
- Whether gains and losses should be included in the alternate payee’s share
Our job is to ensure that all this is captured accurately in the QDRO to avoid confusion, rejection, or disputes.

