Employee and Employer Contributions
In a 401(k) like the Infotech Prism, LLC Dba Cirruslabs 401(k) Plan, both the employee and employer usually make contributions. A QDRO can divide the full balance, including employer contributions—if those amounts have vested. This means it’s not just the amount the employee contributed that may be divided.
We recommend that QDROs clearly specify whether the alternate payee is entitled to:
- Only employer contributions that were vested at the time of divorce
- Or all contributions regardless of vesting if the parties agreed to share earnings accrued during the marriage

