Employee and Employer Contributions
401(k) plans typically include elective deferrals from the employee and matching or profit-sharing contributions from the employer. In many plans like Suburban Bus Transportation, Inc.. 401(k) Plan, only the vested portion of employer contributions can be divided. The QDRO should clearly identify whether the former spouse receives a share of:
- Employee contributions only
- Employer contributions (vested only)
- Growth (investment gains or losses) on the assigned amounts
It’s common to divide just the marital portion of the account, often using a specific “cut-off date” such as the date of separation or dissolution.

