Employee vs. Employer Contributions
Most 401(k) accounts include both employee and employer contributions. A QDRO for the Stumps Market, Inc.. 401(k) Plan can divide both types, but how much of the employer contributions are included will depend on the plan’s vesting schedule. For example:
- If your spouse was fully vested, all employer contributions are part of the divisible balance.
- If not fully vested, only the vested portion of those contributions will be subject to division.
This means timing matters. Contributions made near the divorce date may not be fully vested and could be forfeited if the employee spouse leaves the company.

