1. Employee and Employer Contributions
The United Flexible, Inc.. 401(k) Plan, like many 401(k)s, includes both employee salary deferrals and employer matching or discretionary contributions. In a divorce, both the participant’s and the employer’s contributions may be subject to division. However, whether or not the receiving spouse (called the “alternate payee”) gets any of the employer contributions may depend on:
- When the contributions were made
- Whether those amounts were earned during the marriage
- Whether the contributions were vested at the time of divorce or QDRO approval
If employer contributions are not fully vested, the alternate payee typically will not receive the unvested amount unless they become vested before transfer. This is why knowing the plan’s vesting schedule is essential.

