Employee and Employer Contributions
Most 401(k) plans, including the Tcn, Inc.. 401(k) Plan, consist of two primary parts:
- Employee Contributions: Amounts deducted from the participant’s paycheck. These are always 100% vested and subject to division.
- Employer Contributions: Match or profit-sharing. These may be subject to a vesting schedule and not fully owned by the participant at the time of divorce.
It’s important to check what was vested as of the division date to ensure the non-employee spouse—the “alternate payee”—doesn’t receive benefits the participant never owned. In your QDRO, specify whether the alternate payee receives a flat dollar amount, percentage of the vested balance, or a percentage of total account value as of a certain date.

