Employee and Employer Contributions
Like most 401(k) plans, this plan allows for both employee deferrals and employer contributions. In a QDRO, it’s vital to distinguish which contributions are marital property and to determine whether contributions made after the separation date will be excluded from division.
- Employee Contributions: These are generally 100% vested and subject to division regardless of when made, unless otherwise agreed upon.
- Employer Contributions: These may follow a vesting schedule, meaning only a portion may be retained at the time of divorce.

