Employee and Employer Contributions
The Master 401(k) Plan likely includes both employee deferrals and employer matching or profit-sharing contributions. Here’s what divorcing couples need to know:
- Employee Contributions: Fully owned by the participant and available for division.
- Employer Contributions: May be subject to vesting schedules. Only vested amounts are divisible under a QDRO.
- Forfeited Amounts: Non-vested funds revert to the plan or employer and are not available to the other spouse.
Before the QDRO is finalized, it’s critical to determine which of the employer contributions are vested at the time of divorce or another relevant cut-off date.

