Employee and Employer Contributions
The Jackson Hewitt Employee Savings Plan likely receives both employee deferrals and employer matching contributions. These contributions must be evaluated differently in divorce:
- Employee Contributions: Always 100% vested. These amounts are typically divided between spouses based on the date-of-marriage through date-of-separation approach in states like California or the date-of-divorce approach in others.
- Employer Contributions: These follow a vesting schedule. Only the vested portion should be included in the marital division, and any unvested (and later forfeited) amounts should be clearly excluded in the QDRO.
It’s critical to confirm vesting percentages as of the division date. A poorly drafted QDRO could mistakenly award non-existent amounts if forfeiture is not properly handled.

