Employee and Employer Contributions
Most 401(k) plans—including the Island Peer Review Organization, Inc.. Tax Deferred Annuity Plan—allow both employee deferrals and employer contributions. During a divorce, a QDRO can divide either or both. However, there’s often a difference in how they’re treated:
- Employee contributions and earnings are usually 100% vested and subject to division based on a marital cut-off date.
- Employer contributions may be subject to a vesting schedule. Only the vested portion can legally be divided at the time of divorce.

