Employee and Employer Contributions
401(k) plans usually contain both employee and employer contributions. During divorce, each type of contribution may be divided differently depending on the plan’s vesting schedule and the timing of those contributions.
With the Resicentral 401(k) Plan, it’s critical to clarify:
- What percentage of the account is employee-funded (and thus fully vested)?
- Are there employer contributions that haven’t vested yet?
- Is the alternate payee entitled to post-divorce contributions?
An experienced QDRO attorney will help ensure your order accounts for these nuances correctly.

