Employee and Employer Contributions
Most QDROs involving 401(k) plans divide account balances as of a specific date (e.g., date of separation or divorce). Contributions made by the employee (participant) and the employer during the marriage are divisible between the parties.
- Employee Contributions: Divisible and easy to track since they come directly from wages.
- Employer Contributions: May be subject to vesting. If the employee is not fully vested, a portion may be forfeited or unavailable.
For a plan like the Kaplan Companies 401(k) Plan, you’ll need documentation on vesting schedules to understand how much of the employer contribution is actually eligible for division.

