Employee vs. Employer Contributions
In a divorce, both the employee contributions and vested portions of employer contributions are subject to division. With most 401(k) plans, the employee’s individual contributions are typically 100% vested. However, some or all of the employer-matching contributions may be on a vesting schedule. This means if the employee hasn’t worked at Jant group, Inc.. dba ruggieros long enough, they might not own the full employer match.
When drafting a QDRO for the Ruggiero Enterprises 401(k) Plan, make sure to:
- Determine the participant’s vesting percentage as of the date of divorce.
- Specify whether the alternate payee (usually the ex-spouse) is claiming a portion of just the vested benefits or some/all employer contributions regardless of vesting.

