1. Distinguishing Employee and Employer Contributions
A critical piece in dividing any 401(k), including the Maximus Supply Chain Holdings LLC 401(k) Plan, is determining what portion of the account is marital property. This usually includes:
- Employee contributions and earnings acquired during the marriage
- Employer contributions that are vested
If the divorce occurs before full vesting, any unvested employer match may be lost. The QDRO should clearly state whether only vested amounts are to be shared or if the alternate payee will receive future vested portions (if applicable and time-limited).

