1. Employee vs. Employer Contributions
The Swift Current Energy 401(k) likely includes two types of contributions:
- Employee Contributions: These are based on the participant’s pre-tax or Roth contributions and are always 100% vested. That means they can be divided in a QDRO without concern for whether the employee stays with the company.
- Employer Contributions: These are often subject to a vesting schedule. In divorce, you can only divide what’s vested as of the date of division. Any unvested amounts are usually forfeited unless the employee meets the length-of-service requirements later.

