Employee vs. Employer Contributions
In most 401(k) plans, employee contributions are always fully vested. However, employer contributions are often subject to a vesting schedule. That means some employer-funded dollars may not belong to the participant if they leave the job before the required number of years—and they don’t belong to the spouse via QDRO either.
When you’re splitting the University Physicians of Brooklyn, Inc.. Incentive Savings Trust in divorce, it’s critical to:
- Identify which portions of the plan are subject to vesting
- Request a breakdown of account balances and vested percentages from the plan administrator
- Ensure the QDRO will divide only the vested portions of employer contributions

