1. Splitting Employee and Employer Contributions
401(k) balances typically include two types of contributions:
- Employee Contributions: These are always 100% vested and must be divided based on an agreed-upon formula—usually a fixed dollar amount or percentage as of a specific date.
- Employer Contributions: These may be subject to a vesting schedule. Unvested amounts should be excluded from the marital division unless otherwise agreed in the divorce terms.
The Newgen Savings Plan may have matching or discretionary employer contributions, so make sure those are evaluated for vesting before finalizing the QDRO.

