Employee and Employer Contributions
In many corporate retirement plans, including those in the general business sector like Shady lane, Inc.. 401(k) plan, the account includes both employee deferrals and employer matching or discretionary contributions. The QDRO should clearly define whether the alternate payee is entitled to just the employee contributions or both portions of the account.
In some cases, employer contributions may be subject to vesting. If the employee isn’t fully vested at the time of divorce, only the vested portion can be split. It’s crucial to determine vesting percentages on the date of marital separation or another specific date listed in the divorce judgment.

