Employee vs. Employer Contributions
The Franklin County Home Health Agency, Inc.. 401(k) Plan likely includes both employee deferrals and employer contributions, which may be subject to vesting. Only the vested portion of the employer contributions is eligible for division. Your QDRO must distinguish between:
- Contributions made by the employee (immediately divisible)
- Employer contributions (only divisible if vested)
The timing of the divorce is key—the cut-off date will determine how much is eligible for division. Errors in this section can result in overpayments or underpayments.

