Employee vs. Employer Contributions
401(k) plans often include both employee deferrals and employer matching or profit-sharing contributions. In the case of the North Fork Holdings, Inc.. 401(k) Ret. Plan, both may be present, and it’s critical to know how to divide them.
- Employee contributions are 100% vested and generally shared based on a set marital cut-off date.
- Employer contributions may have a vesting schedule, meaning some amounts could be forfeited upon termination—these should not be divided unless vested.
Your QDRO must clearly spell out whether unvested portions are included or excluded—and how forfeitures are handled by the plan administrator.

