Employee vs. Employer Contributions
When dividing a retirement account such as the Tcg 401(k) Plan, it is essential to separate employee contributions from employer contributions. Some employer contributions may not be vested yet, meaning the employee doesn’t fully own them. A proper QDRO should consider:
- Which portions are vested? Only vested amounts can typically be divided.
- Whether to divide based on a flat amount or percentage.
- The date of division (commonly date of separation, divorce, or another agreed-upon date).
Failure to account for vesting schedules can result in disputes down the line or rejections from the plan administrator.

