Employee vs. Employer Contributions
A 401(k) typically includes contributions made by the employee and sometimes matching or discretionary contributions from the employer. In the case of the Sterling Sugars, Inc.. Employees Savings Plan, both types may be included. During a divorce, the QDRO must specify whether the alternate payee’s share comes from:
- Employee contributions only
- Employer contributions only
- A proportional share of both
This distinction can be crucial—especially if only part of the employer contributions are vested at the time of divorce.

