Employee and Employer Contributions
Most 401(k) plans include both employee deferrals and employer contributions. It’s critical to determine:
- Does the QDRO assign just the marital portion or all vested assets?
- Are employer contributions fully vested, or is there a schedule?
- Is the alternate payee entitled to pre-divorce or post-divorce contributions?
For the Partum Partners LLC 401(k) Plan, make sure to request a statement showing the participant’s vested balance and the status of employer contributions. Employer contributions that aren’t vested will not be payable to the alternate payee.

