Dividing Employee vs. Employer Contributions
With 401(k) plans, you may be dividing more than just employee salary deferrals. Many plans also include employer contributions. However, those contributions usually follow a vesting schedule. If you’re divorcing before the employee-spouse is fully vested, the QDRO must specify that the non-employee spouse will only receive the vested portion.
For the Surfrider Foundation 401(k) Profit Sharing Plan & Trust, make sure you are clear about:
- Whether you’re dividing the entire balance or only the marital portion
- Whether employer contributions are included
- What the plan’s vesting schedule is, and how it affects the division

