Employee vs. Employer Contributions
In a divorce-based QDRO for the Swmk Law, LLC 401(k) Plan, both employee and employer contributions must be considered. Typically, the employee’s own contributions are fully vested and eligible for division. Employer contributions, however, may be subject to a vesting schedule, which means only a portion of those funds may be available at the time of the divorce.
It’s critical that the QDRO clearly notes whether the alternate payee (spouse receiving a share) is entitled to receive a portion of just the employee’s contributions, or both employee and vested employer contributions.

