Employee and Employer Contributions
401(k) plans typically consist of both employee salary deferrals and employer contributions. While the employee’s deferral is always theirs, employer contributions are usually subject to a vesting schedule. This means not all of the account may belong to the employee at the time of divorce.
When drafting the QDRO, it’s important to clarify whether the alternate payee is receiving:
- A percentage of only the vested balance
- All contributions (vested and unvested at the time of division)
- Gains and losses from a specified date, such as the date of divorce
For the Tbl, Inc.. 401(k) Plan, which is sponsored by a general business corporation, plan terms may include multiple vesting schedules based on hire date or employment classification. Be sure to request the Summary Plan Description (SPD) or QDRO procedures to confirm these rules before drafting.

