Employee and Employer Contributions
401(k) plans include elective deferrals made by the employee and, often, matching or discretionary contributions made by the employer. When dividing the Marist High School 401(k) Plan in a QDRO, it’s crucial to account for both types of contributions:
- Employee Contributions: These are always 100% vested and payable to the alternate payee per the court-approved QDRO terms.
- Employer Contributions: These may not be fully vested. Any unvested portion at the time of divorce can’t be assigned through the QDRO without additional language capturing future vesting (if permitted).

