Dividing Contributions: Employee vs. Employer
401(k) plans like the Local 1102 401(k) Retirement Plan often contain both employee salary deferrals and employer matching contributions. In most divorces, only those amounts earned during the marriage are divisible.
The QDRO must clearly distinguish between:
- Employee pre-tax contributions
- Roth (after-tax) contributions
- Employer matches or discretionary contributions
Also keep in mind that employer contributions may be subject to a vesting schedule, so not all of the funds may be available to divide at the time of divorce.

