Dividing Employee and Employer Contributions
A common mistake people make is assuming the entire account balance is divisible. In 401(k) plans like the Trailer Equipment 401(k) Plan, there are typically two types of contributions:
- Employee contributions – Always 100% vested and divisible.
- Employer contributions – May be subject to a vesting schedule.
If the employee (the plan participant) is not fully vested at the time of the divorce, the alternate payee (usually the spouse) may not be entitled to unvested portions. Your QDRO must clearly indicate whether it divides only the vested portion or includes future vesting. Be cautious about depending on benefits the participant may forfeit.

