Employee vs. Employer Contributions
Most 401(k) plans include contributions made by both the employee and employer. In the case of the J.b. Sullivan, Inc.. Retirement Plan, it’s important to identify how these contributions are categorized and whether both are marital property. Typically:
- Employee contributions are 100% vested immediately and usually subject to full division.
- Employer contributions may be subject to a vesting schedule and only the vested portion as of the date of divorce is divisible.
Unvested contributions may be forfeited if the employee leaves the company, so drafting language in the QDRO that protects against this—by allocating only the vested portion or attaching procedural safeguards—is critical.

