1. Employee and Employer Contributions
401(k) plans like The Cobec Consulting Retirement Plan often include both employee salary deferrals and employer matches or profit sharing. Knowing the source of each portion matters. In divorce, the QDRO can specify how to divide:
- Only employee contributions
- Only vested employer contributions
- All contributions made during the marriage
Because many employer contributions are subject to vesting schedules, you must carefully determine which amounts are divisible. Generally, only vested funds as of the date of divorce or as outlined in the marital settlement agreement can be divided.

