Employee and Employer Contributions
The Colley Auto Cars Inc. 401(k) Plan likely includes both employee salary deferrals and employer matching contributions. During a divorce, both types may be divided, but only the vested portion of employer contributions can be allocated to the former spouse (called the “alternate payee” under QDRO rules). Depending on the vesting schedule, some of the employer’s contributions may not yet be yours to divide.
Our advice? Always get a statement that shows how much is vested versus non-vested as of the valuation date used in your divorce (commonly the date of separation or division).

