Employee vs. Employer Contributions
401(k) plans include both employee deferrals and employer contributions. In many divorces, the alternate payee is awarded a share of the participant’s vested account balance accrued during the marriage. However, not all employer contributions are immediately vested.
Some plans apply a vesting schedule, meaning the employee earns rights to employer funds over time. If those employer contributions weren’t fully vested at the time of divorce, they may be excluded from what’s divided. If you’re drafting a QDRO for the Riverwood Bank Retirement Plan, make sure vesting is clearly addressed — especially what happens to forfeited, non-vested amounts.

