Understanding the 401(k) Structure
The Savings Plan for Employees of Hirsh Precision Products, Inc.. is a traditional 401(k) retirement plan offered by a corporate employer in the General Business industry. Like most 401(k)s, it’s likely made up of employee salary deferrals, employer match contributions, and possibly both traditional and Roth subaccounts. Here are the components you need to consider in a divorce:
- Employee Contributions: These are fully vested and always split according to the QDRO.
- Employer Contributions: May be subject to a vesting schedule—only the vested portion can be divided.
- Roth vs. Traditional Subaccounts: Roth contributions are taxed differently and must be addressed separately in the QDRO.
- Outstanding Loans: If the participant has a loan against their 401(k), it must be considered in the division structure.

