Employee vs. Employer Contributions
Most 401(k) accounts include employee contributions made directly from the participant’s paycheck, as well as employer contributions, which may have different rules attached. In the Mechanical Construction Services, Inc.. 401(k) Plan, employer contributions may be subject to vesting. That means only a portion of those funds may be considered part of the marital estate.
To ensure fairness, the QDRO should specify whether the division applies:
- Only to employee contributions
- To vested employer contributions
- To all employer contributions, with an acknowledgment that some portions may be forfeited if unvested

