Employer vs. Employee Contributions
One of the first things to understand is that this is a 401(k) plan, which usually includes two types of contributions:
- Employee Contributions: Money the plan participant voluntarily sets aside from their paycheck.
- Employer Contributions: Matching or other employer-based contributions, which may be subject to a vesting schedule.
During divorce, both types of contributions may be divided via a QDRO. However, unvested employer contributions may not be included unless explicitly addressed. A mistake here can mean leaving thousands of dollars on the table—or fighting for funds you’re not actually entitled to.
We always review the vesting schedule in detail before finalizing a QDRO for the International Motors, LLC 401(k) Retirement Plan.

