Employee and Employer Contributions
401(k) plans typically include both employee deferrals and employer matching or discretionary contributions. The QDRO must specify whether only the employee’s portion is being divided, or both employee and employer-funded amounts.
In the Spectrum Control, Inc.. 401(k) Plan, we anticipate both types of contributions. Crucially, employer contributions may be subject to a vesting schedule — meaning only a portion is actually “owned” by the employee at any given time. The QDRO should only divide vested amounts, unless specified otherwise in the divorce judgment.

