Employee and Employer Contributions
Most 401(k) plans involve contributions from both the employee and the employer. During divorce, employee contributions are typically considered marital property if made during the marriage. Employer contributions, however, may be subject to a vesting schedule. Only the vested portion can typically be divided through a QDRO.
When working with the Bostwick Logistics 401(k) Plan, your QDRO should clearly state:
- The portion of contributions attributable to marital earnings
- Whether the division includes earnings and losses post-divorce
- Excludes unvested employer contributions or clarifies future vesting treatment

