Employee and Employer Contributions
401(k) plans consist of contributions made by both the employee and, in many cases, the employer. These contributions grow over time with investment earnings. In divorce, it’s common to divide contributions made during the marriage. A QDRO must make clear whether both employee and employer contributions are included in the division—and to what extent.
Some employers don’t contribute until after a vesting period. That means some of the total balance might not be fully “yours” at the time of divorce. In the Roman Empire Logistics 401(k) Plan, because vesting schedules are unknown, it’s important to review plan documents carefully or request them from the plan administrator.

