Dividing Employee and Employer Contributions
401(k) plans typically contain two main types of contributions:
- Employee Contributions: These are generally 100% vested and represent the portion of the participant’s paycheck that has been set aside for retirement.
- Employer Contributions: These may be subject to a vesting schedule. It’s essential to determine the participant’s vested percentage at the time of divorce.
In a QDRO for the Stage Coach, LLC Retirement Plan, it’s common to divide the vested portion of the account as of the date of divorce or any other agreed-upon date. Be cautious about agreeing to a fixed dollar amount if you don’t yet know how the investments have performed—this could result in vastly unequal divisions.

