Employee vs. Employer Contributions
Many 401(k) plans include both employee and employer contributions. The employee’s contributions are usually 100% vested immediately, but this is not always true for employer contributions. In dividing the Modernfold/styles, Inc.. 401(k) Plan, it’s important to:
- Confirm the vesting schedule for employer contributions
- Ensure the QDRO specifies whether the alternate payee is receiving just the vested portion or will wait until additional amounts vest
- Clarify whether pre-marital contributions are excluded from division
If you’re the alternate payee, you may only receive the portion of employer contributions that were vested as of the date of divorce or QDRO valuation date unless the agreement states otherwise.

