How Employee and Employer Contributions Are Handled
Many 401(k) plans include both employee salary deferrals and employer matches. In a divorce, you must decide whether to split the total account balance as of a certain date (like the date of separation or judgment), or just the portions that were earned during the marriage.
In the Medic One 401(k) Plan, employer contributions may be subject to a vesting schedule. That means unvested portions may be forfeited if the employee leaves the company before meeting certain years of service. When preparing a QDRO, it’s critical to:
- Confirm how much of the employer contributions are vested and divisible
- Ensure unvested funds aren’t falsely included in what the alternate payee is awarded

