Employee and Employer Contributions
401(k) plans like the Rawson Retirement Plan often consist of both employee contributions (pre-tax or Roth) and employer match or profit-sharing contributions. In divorce, the QDRO can assign a portion of the participant’s account to the “alternate payee” — typically the former spouse — but it must specify exactly what portion applies to employee vs. employer contributions.
A major factor is the vesting schedule. Many employer contributions are subject to vesting, meaning the participant may not be entitled to 100% of that portion unless they’ve worked at Rawson Inc.. builders supply for a certain number of years. Any unvested amount at the time of divorce may be forfeited and can’t be shared with an alternate payee.

