Employee and Employer Contributions
Most 401(k) accounts hold two types of money: what the employee contributes and what the employer contributes. During a divorce, both of these amounts are subject to division depending on what is considered marital property in your jurisdiction. However, employer contributions may only be partially vested. That means if the employee hasn’t reached a certain number of years of service, some of the employer’s contributions may be lost if the employment ends.
Before drafting a QDRO for the Carroll Hospital Center, Inc.. Retirement Income Plan, we look at:
- The full account balance
- Breakdown of employee vs. employer contributions
- The vesting schedule and what portion is non-forfeitable
We make sure the QDRO clearly explains whether the amount awarded to the alternate payee includes only the vested portion of the account or also accounts for possible future vesting, if applicable.

