Employee and Employer Contributions
401(k) plans are typically funded by both the employee’s contributions and the employer’s matching contributions. One issue we often see is confusion over whether the former spouse is entitled to just the employee’s pre-divorce contributions—or both the employee’s and employer’s.
For the Idaho Milk Products, Inc. 401(k) Plan, the employer might have provided matching contributions that are subject to vesting. Only the vested portion of those contributions is divisible under the QDRO. Anything unvested remains with the employee. Ask the administrator for a vesting schedule and a breakdown of vested vs. unvested amounts as of the cutoff date in the divorce.

