Employee and Employer Contributions
Like other 401(k) plans, the Colortone A/v Stag & Rntls Inc. 401(k) likely includes both employee pre-tax (or Roth) contributions and employer matching or profit-sharing contributions. Under a QDRO:
- The marital portion of the employee contributions is typically divided between the participant and the alternate payee (usually the former spouse).
- Employer contributions may or may not be included—this depends on the plan’s vesting schedule and the date of divorce versus date of vesting.
It’s critical to identify the marital “cut-off date” (usually the date of separation or divorce) to correctly determine what portion is subject to division.

