Employee vs. Employer Contributions
Most 401(k) plans, including the Merritt’s Boat & Engine 401(k) Plan, have two sources of funds:
- Employee Contributions: These are always 100% vested and can be divided freely in a QDRO.
- Employer Contributions: These may be subject to a vesting schedule. If not fully vested at the time of divorce, only the vested portion can be assigned.
In your QDRO, you must be clear whether the alternate payee will receive only vested funds or if they will be entitled to any additional amounts should vesting occur after the divorce date.

