Employee and Employer Contributions
With most 401(k) plans, the account balance includes both employee deferrals and employer matching contributions. In the Jcc of Central Nj 401(k) Plan, contributions by the employer may be subject to a vesting schedule. This means that any employer contributions made during the marriage may not be fully “owned” by the participant yet.
A well-written QDRO should be clear about:
- Which portion of the balance is marital
- How to treat unvested employer funds
- Whether the order includes or excludes post-separation earnings and gains

