401(k) Contributions: Employee vs. Employer
When dividing a 401(k) like the Stinson Llp Retirement Plan, it’s important to break out employee deferrals (what the participant contributed directly from their paycheck) from employer contributions. While employee deferrals are always 100% vested, employer contributions may be subject to a vesting schedule.
If the participant hasn’t met the required years of service, they may not be entitled to all the employer match. The QDRO must specify whether the division includes just vested balances as of the date of divorce or whether forfeitable accounts are to be handled differently.

