Employee and Employer Contribution Divisions
Contributions to the Peak Alarm Company, Inc.. 401(k) Plan may come from two sources:
- Employee Deferrals: These are always 100% vested and can be divided based on your marital community period—or any other formula agreed upon.
- Employer Contributions: These are often subject to a vesting schedule. Only the vested portion of these funds can be divided in a QDRO.
If there’s an employer match, be sure the QDRO specifies whether it applies to all vested funds as of the date of divorce, or only those attributable to the community property period. Don’t assume all funds are divisible—unvested contributions usually remain with the employee spouse.

