Employee and Employer Contributions
401(k) accounts generally grow through a mix of employee contributions and employer matching. During a divorce, both contribution types are subject to division unless otherwise agreed. However, employer-matching contributions often have vesting schedules —meaning your spouse might not be fully entitled to all amounts in the account if they haven’t hit certain employment milestones.
When drafting your QDRO for the Wellesley Country Club 401(k) Plan, it’s important to determine these factors:
- Which contributions are marital property
- How much, if any, of the employer’s match is vested
- Whether the QDRO should apply only to vested balances or total amounts earned during the marriage

