Employee vs. Employer Contributions
Typically, the participant’s contributions (the money an employee defers into their 401(k)) are divided in a divorce based on a set percentage or flat dollar amount tied to the marital period. But for 401(k) plans like the Natwest Markets Retirement Savings Plan, you’ll also need to look closely at employer contributions.
Employer contributions are often subject to a vesting schedule. That means some or all of those employer dollars may not belong to the employee (and, in turn, may not be subject to division) depending on how long they’ve worked there. If you don’t properly identify and exclude the non-vested amounts in your QDRO, you may overpromise funds that don’t exist—leading to rejection or delayed implementation.

