Dividing Contributions from Employee and Employer
A 401(k) like the Nagra Usa, LLC 401(k) Profit Sharing Plan and Trust usually includes two types of contributions:
- Employee Contributions: These are always 100% vested and can be divided between spouses as of the date of the divorce or some other agreed-upon date.
- Employer Contributions: These are often subject to a vesting schedule. That means the full balance may not be immediately available to divide. You must determine if the employee has satisfied the required years of service. Any unvested portion is generally forfeited if the employee leaves the company before being fully vested.
We often include specific QDRO language that divides only the vested portion to avoid post-divorce issues about forfeited funds.

