Employee vs. Employer Contributions
In a 401(k) plan, account balances can include both contributions made by the employee and matching or discretionary contributions from the employer. Whether or not those employer contributions are fully “vested” can make a big difference in the size of the account available for division.
The Sarco Employees Retirement Plan may follow a standard vesting schedule (e.g., graded over five or six years). Any unvested employer contributions at the time of divorce may be excluded from the division—or clawed back by the plan later if the participant leaves their job. We regularly advise clients on how to word the QDRO to ensure it captures only the vested balance, avoiding confusion or improper overpayments later.

