Dividing Employee and Employer Contributions
The Waverley Country Club Retirement Plan is a 401(k), which typically includes both employee- and employer-funded contributions. These differ in terms of ownership and availability:
- Employee Contributions: Fully vested and subject to division in most QDROs.
- Employer Contributions: May be subject to a vesting schedule. QDROs can only divide the vested portion as of the division date.
When drafting your QDRO, it’s essential to make sure the division date and vesting percentages are clearly established. Otherwise, one party may end up entitled to funds that legally don’t exist—or worse, lose out on funds they deserve.

