1. Employee vs. Employer Contributions
The Premier Health Services, Inc.. 401(k) Plan likely includes both employee and employer contributions. In divorce, the court may award a share of both—subject to vesting rules (more on that next). Your QDRO must specify whether the alternate payee is entitled to a share of:
- All vested balances as of a specific date (e.g., separation or divorce date)
- Only employee contributions and earnings
- Both employee and employer contributions (only those that are vested)
If any part of the employer match is unvested, the alternate payee may have no right to it—unless the employee later becomes vested. Make sure your QDRO takes that into account.

