Employee and Employer Contributions
The first thing to understand is that a 401(k) usually includes two types of contributions: employee (your own paycheck deductions) and employer (matching or profit-sharing contributions). In many plans, employer contributions are subject to a vesting schedule. If employer contributions are not fully vested as of the date of divorce or QDRO entry, the alternate payee may not be entitled to a portion of those funds—or may only receive part of them.
When dividing the Pacific Coast Container, Inc.. 401(k) Retirement Plan, we look at:
- How much of the account value was contributed during the marriage
- What portion of the employer contributions are vested
- Whether to exclude pre-marital or post-separation contributions
Each of these elements needs careful treatment in the QDRO language.

