Employee and Employer Contributions
401(k) plans are made up of both employee and employer contributions. In cases like the Marquee Insurance 401(k) Plan, it’s essential to clarify which contributions are subject to division:
- Employee contributions: These are generally 100% vested and fully divisible by QDRO.
- Employer contributions: These are subject to vesting schedules. The QDRO can only divide the amount that is vested on the date of division—and any unvested amounts may be forfeited if the employee leaves the company.
Make sure your QDRO clearly identifies the division date and whether it includes earnings and losses from that date forward.

