Employee and Employer Contributions
When dividing a 401(k) such as the Outagamie Co-op Services, Inc.. Retirement Savings Plan, it’s essential to understand how contributions are structured. Employees may contribute pre-tax or Roth funds, while the employer may match or make profit-sharing contributions. These different sources of funds must be carefully reviewed:
- Are employer contributions subject to a vesting schedule? If so, only the vested portion can be divided.
- Should only the marital portion (earned during the marriage) be split? Many QDROs allocate only these funds.
Be sure to clarify whether you’re dividing the entire balance or just contributions earned during marriage — and whether those amounts are vested.

