Dividing Employee and Employer Contributions
Under most 401(k) plans, both the employee and employer make contributions. However, employer contributions often come with a vesting schedule, meaning certain portions may not be fully owned by the participant at the time of divorce.
When drafting the QDRO for The Contractors Retirement Plan, it’s important to:
- Specify whether the alternate payee will receive a share of just the vested balance or also any future vesting
- Clarify if the award is a flat dollar amount or a percentage of the marital portion
- Account for any employer contributions that may later be forfeited if unvested

