Employee and Employer Contributions
401(k) plans usually include both employee deferrals and employer matches or profit-sharing contributions. Only the marital (community) portion of the account is subject to division. This means we usually determine the account value from the date of marriage to the date of separation or divorce filing.
Employer contributions may be subject to a vesting schedule. If the employee hasn’t been with Mervis motors, Inc.. 401(k) plan long enough to be fully vested, a portion of the employer contributions could be forfeited. That’s an important detail during QDRO drafting. We always confirm whether those unvested funds are part of the picture and structure your order accordingly.

