Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer matching or discretionary contributions. When dividing the Neighbors & Associates, Inc.. 401(k) Plan, it’s essential to:
- Identify whether the employer contributions are fully vested
- Account for any portion that may be subject to a vesting schedule
If the participant isn’t 100% vested in employer contributions, a QDRO must specify that only the vested portion as of the date of divorce (or another agreed-upon date) is to be divided. Without this clarification, the alternate payee might expect more than they’re legally entitled to receive.

