Employee vs. Employer Contributions
In a standard 401(k) like the Midwest Medical Records Association, Inc.. 401(k) Retirement Plan, both employee and employer contributions may be divided in divorce. However, only the vested portion of employer contributions can go to the alternate payee.
You will need to determine:
- How to equitably divide employee contributions earned during marriage
- How to handle employer match or profit-sharing contributions
- The vesting schedule at the date of divorce or QDRO submission

