1. Contributions: Employee and Employer
In most 401(k) plans like the Cog Hill Et. Al. Retirement Savings Plan, there are two sources of contributions: the employee’s and the employer’s.
- Employee Contributions: These are 100% owned by the participant and are always divisible via QDRO.
- Employer Contributions: These may be subject to a vesting schedule. Only the vested portion can be divided. Unvested portions may be forfeited after separation from service.
The QDRO must account for the vesting schedule. For example, you may want to state that only amounts “vested as of the date of separation” are to be divided, unless negotiated otherwise.

