Employee and Employer Contributions
In plans like the Har Maspeth Corp.. 401(k) Plan, both employee deferrals and employer matching or discretionary contributions may exist. These are treated differently in divorce:
- Employee contributions are usually 100% vested and can be immediately divided.
- Employer contributions may have a vesting schedule, meaning the plan participant might not have full ownership yet. If it’s unvested, the alternate payee (ex-spouse) is not entitled to that portion.
During QDRO drafting, it’s essential to confirm vesting percentages as of the division date. If a flat dollar division is used, and part of the balance isn’t vested, you could have a shortfall issue later.

