Employee and Employer Contributions
401(k) balances often consist of two types of contributions: what the employee contributes and what the employer matches or adds. In the case of the Rcra, Inc.. Prevailing Wage Retirement Plan, these employer contributions may come with a vesting schedule. That means not all of the employer match may legally be part of the account during divorce unless the vesting requirements have been met.
The QDRO you file must specify whether the alternate payee is to receive a share of:
- The entire plan balance including vested employer contributions
- Only the participant’s contributions
- Only vested amounts as of a specific date (usually the date of separation or divorce)

