Employee and Employer Contributions
The account balance in a 401(k) plan usually consists of employee salary deferrals and employer matching or profit-sharing contributions.
- Employee contributions are fully vested—these are typically divided based on the date of marriage and separation.
- Employer contributions may be subject to a vesting schedule. Employers can “claw back” unvested portions, meaning your spouse may not be entitled to that part if it’s not fully vested at the time of divorce.
When drafting the QDRO for the Renodis Er, LLC 401(k) Plan, it’s important to clarify which contributions are subject to division and whether they are vested or not as of the divorce date.

